CORPORATIONS ACT 2001
REQUIREMENT FOR TRUST DEED AND TRUSTEE
SECTION 283AA REQUIREMENT FOR TRUST DEED AND TRUSTEE
Before a body:
(a) makes an offer of debentures in this jurisdiction that needs disclosure to investors under Chapter
, or does not need disclosure to investors under Chapter
because of subsection
(disclosure document exclusion for debenture roll overs) or section
(sale offers that do not need disclosure); or
(b) makes an offer of debentures in this jurisdiction or elsewhere as consideration for the acquisition of securities under an off-market takeover bid; or
(c) issues debentures in this jurisdiction or elsewhere under a compromise or arrangement under Part
approved at a meeting held as a result of an order under subsection
regardless of where any resulting issue, sale or transfer occurs, the body must enter into a trust deed that complies with section
and appoint a trustee that complies with section
Note: For rules about when an offer of debentures will need disclosure to investors under Chapter
, see sections
S 283AA(1) (Note) amended by No 101 of 2007, s 3, Sch 1, Pt 1
S 283AA(1) (Note) amended by No 103 of 2004, s 3, Sch 7, Pt 3
S 283AA(1) amended by No 103 of 2004, s 3, Sch 7, Pt 3
An offence based on subsection (1) is an offence of strict liability.
, see section 6.1 of the
S 283AA(1A) inserted by No 117 of 2001, s 3, Sch 1
The body may revoke the trust deed after it has repaid all amounts payable under the debentures in accordance with the debentures
terms and the trust deed.
The body must comply with this Chapter.
require a register of debenture holders to be set up and kept.
The regulations may exempt a specified offer of debentures, or a specified class of offers of debentures, from subsection (1).
S 283AA(4) inserted by No 100 of 2014, s 3, Sch 1
8] (effective 19 December 2014).