CTHIn ForceLegislation
Foreign Acquisitions and Takeovers Regulation 2015
34Convertible instruments that include a requirement for loss absorption if entity becomes non‑viable
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#### 34 Convertible instruments that include a requirement for loss absorption if entity becomes non‑viable
The excluded provisions do not apply in relation to an acquisition of an interest in securities if:
(a) the securities are Additional Tier 1 Capital or Tier 2 Capital instruments (within the meaning of the Prudential Standard APS 111—Capital Adequacy: Measurement of Capital, as in force at the time this section commences); and
(b) the securities have not been converted into ordinary shares.
> Note: The Prudential Standard APS 111—Capital Adequacy: Measurement of Capital is made under subsection 11AF(1) of the Banking Act 1959.