Australian Securities and Investments Commission Corporations (Offers of Convertibles) Instrument 2016/83 (Cth)

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Text
Part 1—Preliminary
1 Name of legislative instrument
2 Commencement
3 Authority
4 Definitions
Part 2—Declaration
4 Securities that are convertible into continuously quoted securities
5 Definition of “underlying securities”

ASIC Corporations (Offers of Convertibles) Instrument 2016/83

I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date                9 March 2016

Grant Moodie


Contents

Part 1—Preliminary

1    Name of legislative instrument

2    Commencement

3    Authority

4    Definitions

Part 2—Declaration

4    Securities that are convertible into continuously quoted securities

5    Definition of “underlying securities”


Part 1—Preliminary

1        Name of legislative instrument

This instrument is ASIC Corporations (Offers of Convertibles) Instrument 2016/83.

2        Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note:    The register may be accessed at Authority

This instrument is made under section 741 of the Corporations Act 2001.

4        Definitions

In this instrument:

Act means the Corporations Act 2001.


Part 2—Declaration

4        Securities that are convertible into continuously quoted securities

Chapter 6D of the Act applies to all persons as if section 713 were modified or varied as follows:

(a)     after paragraph (1)(a) insert:

“(aa)  convertible or converting notes or convertible or converting preference shares of a body that are convertible or may convert into continuously quoted securities of the body; or”;

(b)     after paragraph (2)(c) insert:

“(ca)  if the securities are convertible or converting notes or convertible or converting preference shares—the rights and liabilities attaching to:

(i)      the convertible or converting securities themselves; and

(ii)     the underlying securities; and.”.

5        Definition of “underlying securities”

Chapter 6D of the Act applies to all persons as if the definition of underlying securities in section 9 of the Act were modified or varied by, after paragraph (a), inserting:

“(aa)  in relation to convertible or converting notes or convertible or converting preference shares—those securities into which the convertible or converting securities may be converted; and”.

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