THE CORPORATIONS LAW

CHAPTER 6A - COMPULSORY ACQUISITIONS AND BUY-OUTS

PART 6A.2 - GENERAL COMPULSORY ACQUISITIONS AND BUY-OUTS

Division 1 - Compulsory acquisition of securities by 90% holder

SECTION 664F   THE COURT'S POWER TO APPROVE ACQUISITION  

664F(1)  [Application to Court]  

If people who hold at least 10% of the securities covered by the compulsory acquisition notice object to the acquisition before the end of the objection period, the 90% holder may apply to the Court for approval of the acquisition of the securities covered by the notice.

664F(2)  [Time limit for application]  

The 90% holder must apply within 1 month after the end of the objection period.

664F(3)  [Obligation to approve acquisition]  

If the 90% holder establishes that the terms set out in the compulsory acquisition notice give a fair value for the securities, the Court must approve the acquisition of the securities on those terms. Otherwise it must confirm that the acquisition will not take place.

Note:

See section 667C on valuation.

664F(4)  [Costs]  

The 90% holder must bear the costs that a person incurs on legal proceedings in relation to the application unless the Court is satisfied that the person acted improperly, vexatiously or otherwise unreasonably. The 90% holder must bear their own costs.