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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS    View history reference

Division 5A - Unsolicited offers to purchase financial products off-market    View history reference

SECTION 1019I  CONTENTS OF OFFER DOCUMENT  

 View history reference

1019I(1)  [Identity of offeror and date]  


The offer document by which an offer to which this Division applies is made must identify the offeror and be dated (this date is the date of offer).

1019I(2)  [Contents]  


The offer document must also contain the following:


(a) the price at which the offeror wishes to purchase the financial products;


(b) if the financial product is able to be traded on a licensed market and there is a market value for the product as traded on that market - the market value of the product as at the date of offer;


(c) if paragraph (b) does not apply - a fair estimate of the value of the product as at the date of offer, and an explanation of the basis on which that estimate was made;


(d) the period during which the offer remains open (which must be consistent with subsection 1019G(1));


(e) a statement to the effect that the offer may be withdrawn by sending a withdrawal document to the offeree, but generally not within 1 month of the date of offer;


(f) any other information specified in regulations made for the purposes of this paragraph.

1019I(3)  [Regulations]  


The regulations may clarify:


(a) the manner in which a fair estimate of the value of a financial product (see paragraph (2)(c)) is to be worked out; and


(b) the level of detail required in the explanation of the basis on which the estimate was made.

Regulations made for the purposes of this subsection have effect despite anything else in this section.

1019I(4)  [Wording and presentation]  


The offer document must be worded and presented in a clear, concise and effective manner.


 



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