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CORPORATIONS ACT 2001

CHAPTER 8 - MUTUAL RECOGNITION OF SECURITIES OFFERS    View history reference

PART 8.2 - FOREIGN OFFERS THAT ARE RECOGNISED IN THIS JURISDICTION    View history reference

Division 1 - Recognised offers    View history reference

SECTION 1200C  CONDITIONS THAT MUST BE MET TO BE A RECOGNISED OFFER  

 View history reference

1200C(1)  [Conditions for recognised offer]  


For the purposes of subsection 1200B(1), the conditions that must be met are those set out in this section.

1200C(2)  [Offeror's connection to recognised jurisdiction]  


The person offering the securities must be:


(a) a person incorporated by or under the law of the recognised jurisdiction; or


(b) a natural person resident in the recognised jurisdiction; or


(c) a legal person established by or under the law of the recognised jurisdiction; or


(d) a person of a kind prescribed by regulations made in relation to the recognised jurisdiction for the purposes of this paragraph.

1200C(3)  [Offeror not banned under s 1200P]  


The person offering the securities must not be banned under section 1200P.

1200C(4)  [Offer prescribed by regulations]  


The offer must be an offer of a kind prescribed by the regulations in relation to the recognised jurisdiction.

1200C(5)  [Prior lodgment with ASIC]  


At least 14 days before the day on which the offer is first made in this jurisdiction, the person making the offer must have lodged with ASIC:


(a) a notice in the prescribed form (if any) of the person's intention to make a recognised offer; and


(b) the documents and information required to be lodged under section 1200D.

1200C(6)  [Additional lodgment in certain circumstances]  


If:


(a) before the offer is first made in this jurisdiction; and


(b) after a document or information was lodged with ASIC under section 1200D;

either:


(c) an event of a kind mentioned in the table in subsection 1200G(9) happened; or


(d) the address for service in this jurisdiction of the person proposing to offer the securities changed;

the person making the offer must have lodged with ASIC:


(e) if paragraph (c) applies - the document or information that would have been required to have been lodged under subsection 1200G(9) for the event if that subsection had applied; and


(f) if paragraph (d) applies - the changed address for service.


 



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