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ASIC Class Order [CO 00/0181]

Authoritative Version
CO 00/0181 Orders/ASIC Class Orders as amended, taking into account amendments up to ASIC Class Order [CO 07/300]
Administered by: Treasury
Registered 30 Aug 2012
Start Date 02 Jul 2007
End Date 02 Sep 2015
Date of repeal 02 Sep 2015
Repealed by ASIC Corporations (Repeal) Instrument 2015/363

ASIC Class Order [CO 00/181]

Foreign securities: publishing of reports and notices

This instrument has effect under s741(1) of the Corporations Act 2001.

This compilation was prepared on 14 January 2008 taking into account amendments up to [CO 07/300]. See the table at the end of this class order.

Prepared by the Australian Securities and Investments Commission.

Australian Securities and Investments Commission
Corporations Act 2001 — Subsection 741(1) — Exemption

Pursuant to subsection  741(1) of the Corporations Act 2001 (the “Act”), the Australian Securities and Investments Commission (“ASIC”) exempts the class of persons specified in Schedule A in the case specified in Schedule B from:

1.    section  727 of the Act in so far as that section requires a prospectus to comprise one document only on condition that the prospectus referred to in Schedule B comprises not more than 4 documents plus the application form, one of which documents:

(a)   includes the disclosures required by subsections  711(2), 711(3)(3), 711(4)(4), 711(6)(6), 711(7)(7) and  711(8)(8) of the Law (in each case if applicable);

(b)   complies with subsection  716(1) of the Act; and

(c)   lists and describes all accompanying documents and notes that such documents constitute part of the prospectus; and

2.    subsection  711(6) of the Act on condition that the prospectus referred to in Schedule B contains a statement that no securities will be issued to a person whose address is a place within this jurisdiction on the basis of the prospectus after the expiry date specified in the prospectus (being a date not later than 13 months after the date of the prospectus).

SCHEDULE A

A foreign company (an “issuer”) which, at the time of the offer:

(a)   has securities quoted on an approved foreign market and trading in those securities is not suspended; or

(b)   reasonably expects a class of its securities to be  quoted on an approved foreign market following the close of the offer,

and an associate of an issuer.

SCHEDULE B

An offer for issue of securities of the issuer:

(a)   being an offer in respect of securities in a class of securities quoted, or reasonably expected soon to be quoted, on an approved foreign market;

(b)   being an offer made to persons in both this jurisdiction and the jurisdiction of location of an approved foreign market;

(c)   in relation to which a prospectus is lodged with ASIC which:

(i)    is identical to or includes the prospectus pursuant to which the offer is made in the jurisdiction of location of an approved foreign market being a prospectus which:

(A)  complies with that jurisdiction's legislative requirements and the operating rules of that approved foreign market;and

(B)  has been lodged with the responsible regulatory authority in that jurisdiction; and

(ii)   states that the offeror submits to the jurisdiction of the Australian courts and nominates an agent resident in this jurisdiction for the service of documents; and

(d)  in relation to which there is lodged with ASIC a true copy verified by a statement in writing of any other documents provided to a responsible regulatory authority in connection with the making of the offer in any jurisdiction of location of an approved foreign market in which the offer is made.

Interpretation

In this instrument:

approved foreign market means each of the following financial markets:

“(a) American Stock Exchange;

(b)   Borsa Italiana;

(c)   Bursa Malaysia Main Board and Bursa Malaysia Second Board;

(d)   Euronext Amsterdam;

(e)   Euronext Paris;

(f)   Frankfurt Stock Exchange;

(g)   Hong Kong Stock Exchange;

(h)   JSE;

(i)    London Stock Exchange;

(j)    NASDAQ Stock Market;

(k)   New York Stock Exchange;

(l)    New Zealand Exchange;

(m)  Singapore Exchange;

(n)   SWX Swiss Exchange;

(o)   Tokyo Stock Exchange;

(p)   Toronto Stock Exchange.

 

 

Notes to ASIC Class Order [CO 00/181]

Note 1

ASIC Class Order [CO 00/181] (in force under s741(1) of the Corporations Act 2001) as shown in this compilation comprises that Class Order amended as indicated in the tables below.

Table of Instruments

Instrument number

Date of making or FRLI registration

Date of commencement

Application, saving or transitional provisions

[CO 00/181]

13/2/2000 (see F2006B01384)

13/2/2000

 

[CO 02/251]

2/3/2002 (see F2006B01387)

2/3/2002

-

[CO 05/770]

7/10/2005 (see F2005L03044)

7/10/2005

-

[CO 07/300]

27/2/2007 (see F2007L02064)

2/7/2007

-

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Class Order.................

am. [CO 02/251]

Para 2..........................

am. [CO 02/251]

Sch A..........................

am. [CO 02/251]

Sch B..........................

am. [CO 02/251]

Interpretation...............

rs. [CO 02/251] and  [CO 05/770]

 

am. [CO 07/300]