Corporations Act 2001

CHAPTER 8 - MUTUAL RECOGNITION OF SECURITIES OFFERS  

PART 8.1 - PRELIMINARY  

SECTION 1200A   DEFINITIONS  

1200A(1)   [ Definitions for Ch 8]  

In this Chapter:

foreign recognition scheme
means the provisions of a law of a recognised jurisdiction that are prescribed by the regulations as comprising a foreign recognition scheme for the purposes of this Chapter.

law of a recognised jurisdiction
includes law of part of a recognised jurisdiction.

offer
securities includes:


(a) invite applications for the issue of securities; and


(b) invite offers to purchase securities.

offeror
, of securities, means:


(a) in relation to an offer of a kind prescribed by the regulations - a person of a kind prescribed by the regulations; and


(b) otherwise - the person who has the capacity, or who agrees, to issue or transfer the securities if the offer is accepted.

recognised jurisdiction
means a foreign country prescribed by the regulations as a recognised jurisdiction.

recognised offer
has the meaning given by section 1200B .

securities
means:


(a) a share in a body; or


(b) a debenture of a body; or


(c) an interest in a managed investment scheme; or


(d) a legal or equitable right or interest in a security or interest covered by paragraph (a), (b) or (c); or


(e) an option to acquire, by way of issue, an interest or right covered by paragraph (a), (b), (c) or (d).

1200A(2)   [ " debenture " ]  

For the purposes of this Chapter, paragraph (b) of the definition of debenture in section 9 is taken to include a reference to an undertaking by an institution, authorised by or under the law of a recognised jurisdiction as a deposit-taking institution (however described), to repay money deposited with it, or lent to it, in the ordinary course of its banking business.

1200A(3)   [ " managed investment scheme " ]  

For the purposes of this Chapter:


(a) paragraph (c) of the definition of managed investment scheme in section 9 is taken to include a reference to a partnership that, if this Act applied to it, would not need to be incorporated or formed under an Australian law because of regulations made for the purposes of subsection 115(2) ; and


(b) paragraph (i) of the definition of managed investment scheme in section 9 is taken to include a reference to a scheme operated by an institution, authorised by or under the law of a recognised jurisdiction as a deposit-taking institution (however described), in the ordinary course of its banking business.


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