QLDIn ForceAct
Duties Act 2001
sec.221Acquirer’s share interest is proportionate to shares in corporate trustee or relevant corporation
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### sec.221 Acquirer’s share interest is proportionate to shares in corporate trustee or relevant corporation
For a relevant acquisition that is an acquisition of a share interest in a corporate trustee, the acquirer’s share interest is the proportion that the number of shares the acquirer has bears to the total issued shares in the corporate trustee expressed as a percentage.
For a relevant acquisition that is an acquisition of a share interest in a relevant corporation for a corporate trustee if the relevant corporation has an interest in the corporate trustee as mentioned in section 211 (2) (a) , the acquirer’s share interest is worked out by applying the acquirer’s share interest in the relevant corporation to the relevant corporation’s share interest in the corporate trustee.
For a relevant acquisition that is an acquisition of a share interest in a relevant corporation for a corporate trustee if the relevant corporation has an interest in the corporate trustee as mentioned in section 211 (2) (b) , the acquirer’s share interest is worked out by applying—
the acquirer’s share interest in the relevant corporation to the relevant corporation’s share interest in the other relevant corporation; and
the result worked out under paragraph (a) to the other relevant corporation’s share interest in the corporate trustee.
For subsections (2) and (3) —
the acquirer’s share interest in the relevant corporation is the proportion that the number of shares the acquirer acquires bears to the total issued shares in the relevant corporation expressed as a percentage; and
the relevant corporation’s share interest in the corporate trustee is the proportion that the number of shares the relevant corporation holds bears to the total issued shares in the corporate trustee expressed as a percentage.
Also, for subsection (3) , the relevant corporation’s share interest in the other relevant corporation is the proportion that the number of shares the relevant corporation holds bears to the total issued shares in the other relevant corporation expressed as a percentage.
However, if the commissioner is satisfied the acquirer’s share interest worked out under subsection (1) , (2) or (3) does not accurately represent the acquirer’s rights and obligations as a shareholder when compared with the rights and obligations of the other shareholders, the commissioner may decide the acquirer’s share interest.
For applying subsection (1) , (2) or (3) to a relevant acquisition that is an increase in the acquirer’s share interest, the acquirer’s share interest is taken to be the increase in the acquirer’s share interest.
(sec.221-ssec.1) For a relevant acquisition that is an acquisition of a share interest in a corporate trustee, the acquirer’s share interest is the proportion that the number of shares the acquirer has bears to the total issued shares in the corporate trustee expressed as a percentage.
(sec.221-ssec.2) For a relevant acquisition that is an acquisition of a share interest in a relevant corporation for a corporate trustee if the relevant corporation has an interest in the corporate trustee as mentioned in section 211 (2) (a) , the acquirer’s share interest is worked out by applying the acquirer’s share interest in the relevant corporation to the relevant corporation’s share interest in the corporate trustee.
(sec.221-ssec.3) For a relevant acquisition that is an acquisition of a share interest in a relevant corporation for a corporate trustee if the relevant corporation has an interest in the corporate trustee as mentioned in section 211 (2) (b) , the acquirer’s share interest is worked out by applying— the acquirer’s share interest in the relevant corporation to the relevant corporation’s share interest in the other relevant corporation; and the result worked out under paragraph (a) to the other relevant corporation’s share interest in the corporate trustee.
(sec.221-ssec.4) For subsections (2) and (3) — the acquirer’s share interest in the relevant corporation is the proportion that the number of shares the acquirer acquires bears to the total issued shares in the relevant corporation expressed as a percentage; and the relevant corporation’s share interest in the corporate trustee is the proportion that the number of shares the relevant corporation holds bears to the total issued shares in the corporate trustee expressed as a percentage.
(sec.221-ssec.5) Also, for subsection (3) , the relevant corporation’s share interest in the other relevant corporation is the proportion that the number of shares the relevant corporation holds bears to the total issued shares in the other relevant corporation expressed as a percentage.
(sec.221-ssec.6) However, if the commissioner is satisfied the acquirer’s share interest worked out under subsection (1) , (2) or (3) does not accurately represent the acquirer’s rights and obligations as a shareholder when compared with the rights and obligations of the other shareholders, the commissioner may decide the acquirer’s share interest.
(sec.221-ssec.7) For applying subsection (1) , (2) or (3) to a relevant acquisition that is an increase in the acquirer’s share interest, the acquirer’s share interest is taken to be the increase in the acquirer’s share interest.
- (a) the acquirer’s share interest in the relevant corporation to the relevant corporation’s share interest in the other relevant corporation; and
- (b) the result worked out under paragraph (a) to the other relevant corporation’s share interest in the corporate trustee.
- (a) the acquirer’s share interest in the relevant corporation is the proportion that the number of shares the acquirer acquires bears to the total issued shares in the relevant corporation expressed as a percentage; and
- (b) the relevant corporation’s share interest in the corporate trustee is the proportion that the number of shares the relevant corporation holds bears to the total issued shares in the corporate trustee expressed as a percentage.