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CORPORATIONS ACT 2001

CHAPTER 8 - MUTUAL RECOGNITION OF SECURITIES OFFERS    View history reference

PART 8.1 - PRELIMINARY    View history reference

SECTION 1200A  DEFINITIONS  

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1200A(1)  [Definitions for Ch 8]  


In this Chapter:

foreign recognition scheme means the provisions of a law of a recognised jurisdiction that are prescribed by the regulations as comprising a foreign recognition scheme for the purposes of this Chapter.

law of a recognised jurisdiction includes law of part of a recognised jurisdiction.

offer securities includes:


(a) invite applications for the issue of securities; and


(b) invite offers to purchase securities.

offeror , of securities, means:


(a) in relation to an offer of a kind prescribed by the regulations - a person of a kind prescribed by the regulations; and


(b) otherwise - the person who has the capacity, or who agrees, to issue or transfer the securities if the offer is accepted.

recognised jurisdiction means a foreign country prescribed by the regulations as a recognised jurisdiction.

recognised offer has the meaning given by section 1200B.

securities means:


(a) a share in a body; or


(b) a debenture of a body; or


(c) an interest in a managed investment scheme; or


(d) a legal or equitable right or interest in a security or interest covered by paragraph (a), (b) or (c); or


(e) an option to acquire, by way of issue, an interest or right covered by paragraph (a), (b), (c) or (d).

1200A(2)  ["debenture"]  


For the purposes of this Chapter, paragraph (b) of the definition of debenture in section 9 is taken to include a reference to an undertaking by an institution, authorised by or under the law of a recognised jurisdiction as a deposit-taking institution (however described), to repay money deposited with it, or lent to it, in the ordinary course of its banking business.

1200A(3)  ["managed investment scheme"]  


For the purposes of this Chapter:


(a) paragraph (c) of the definition of managed investment scheme in section 9 is taken to include a reference to a partnership that, if this Act applied to it, would not need to be incorporated or formed under an Australian law because of regulations made for the purposes of subsection 115(2); and


(b) paragraph (i) of the definition of managed investment scheme in section 9 is taken to include a reference to a scheme operated by an institution, authorised by or under the law of a recognised jurisdiction as a deposit-taking institution (however described), in the ordinary course of its banking business.


 



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