ASIC Corporations (Takeover Bids) Instrument 2023/683
“But the target’s statement may include “But the target’s statement may include or be accompanied by a statement without the requirements in paragraphs (a) to (c) being met where:
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“But the target’s statement may include or be accompanied by a statement without the requirements in paragraphs (a) to (c) being met where:
(d) the statement was made in a document lodged with:
(i) ASIC; or
(ii) the operator of a prescribed financial market by a listed company, registered scheme, notified foreign passport fund or other body in compliance with the listing rules of the prescribed financial market;
(e) the target’s statement:
(i) fairly represents the statement; or
(ii) includes, or is accompanied by, a correct and fair copy of the document or the part of the document that contains the statement;
(f) if the target’s statement is not accompanied by a copy of the document or part of the document that contains the statement—the target’s statement:
(i) identifies the document or the part of the document that contains the statement; and
(ii) states that the target, on request during the bid period, will provide within 2 business days of the request, a copy of the document (or part) free of charge to any holder of bid class securities.”;
(fa) in the heading to section 641, omit “securities holdings”, substitute “holdings of securities and derivatives”;
(g) omit subsection 641(1) (excluding the heading), substitute:
“(1) If the bidder has given a bidder’s statement to the target and requested the target to give the bidder information in accordance with this section, the target must inform the bidder of:
(a) the name and address of each person who, at a time specified by the bidder under subsection (2), held:
(i) securities in the bid class; or
(ii) securities or derivatives convertible into securities in the bid class or that confer the right to be issued securities in the bid class; and
(aa) where the target:
(i) knows an electronic address for the person because the person holds:
(A) securities in the target; or
(B) securities or derivatives referred to in subparagraph (a)(ii); and
(ii) believes on reasonable grounds that it is a current electronic address for the person for receiving electronic communications—that electronic address; and
(ab) where an election of the person to be sent documents by the target in physical form, or in electronic form, is in force under section 110E (disregarding subsection 110E(8)) in relation to a kind of documents mentioned in subsection (1C) of this section—the fact that such an election is in force; and
(b) the type, and number of each type, of those securities or derivatives held by the person at the specified time.”;
(h) omit subsection 641(1A) (excluding the note), substitute:
“(1A) However, the target does not need to give information to the bidder about a person or their holding of securities or derivatives unless the target knows the person’s name.”;
(i) in section 648B, after “securities”, insert “or derivatives”;