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ASIC Class Order [CO 03/634]

Authoritative Version
CO 03/634 Orders/ASIC Class Orders as made
This Class Order modifies section 609 of the Corporations Act 2001 so that a listed company does not have a relevant interest in securities merely because it must apply restrictions on the disposal of the securiites under a listing rule escrow. This is for the purpose of the takeover provisions. For certainty, ASIC Class Order [CO 03/634] also modifies section 609 so that Australian Stock Exchange Limited does not have a relevant interest in relation to a listing rule escrow. Relief for ASX is from the takeover and the substantial holding provisions.
Administered by: Treasury
General Comments: This Class Order was published in the Australian Securities and Investment Commission Gazette on 30 September 2003.
Registered 27 Apr 2007
Gazetted 30 Sep 2003
Date of repeal 21 Jun 2013
Repealed by ASIC Class Order [CO 13/518]

Australian Securities and Investments Commission
Corporations Act 2001 – Paragraphs 655A(1)(b) and 673(1)(b) – Declaration

 

Under paragraphs 655A(1)(b) and 673(1)(b) of the Corporations Act 2001 (the “Act”) the Australian Securities and Investments Commission declares that Chapters 6 and 6C of the Act apply to all persons as if:

 

1.    section 609 of the Act were modified or varied by adding after subsection (10):

 

“(11)         A listed company does not have a relevant interest in restricted securities merely because under Chapter 9 of the listing rules of Australian Stock Exchange Limited the company applies restrictions on the disposal of the securities by the holder.

 

(12)          Australian Stock Exchange Limited does not have a relevant interest in restricted securities merely because under Chapter 9 of its listing rules it has the power to control the exercise of a power to dispose of the securities.

 

(13)          For the purposes of subsections (11) and (12), restricted security has the same meaning as in the listing rules of Australian Stock Exchange Limited.”; and

 

2.    Part 6C.1 of the Act were modified or varied by adding after section 671B:

 

“671BA    For the purposes of section 671B and the definition of substantial holding in section 9, a person has a relevant interest in securities if the person would have a relevant interest in the securities but for subsection 609(11) (company that issues restricted securities).”.

 

Dated this 22nd day of September 2003

 

 

 

 

Signed by Stephen Yen, PSM
as a delegate of the Australian Securities and Investments Commission