Corporations Act 2001
CHAPTER 6
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TAKEOVERS
SECTION 602A
SUBSTANTIAL INTEREST CONCEPT
602A(1)
A reference in this Chapter to a substantial interest in a company, listed body (other than a notified foreign passport fund) or listed registered scheme is not to be read as being limited to an interest that is constituted by one or more of the following:
(a) a relevant interest in securities in the company, body or scheme;
(b) a legal or equitable interest in securities in the company, body or scheme;
(c) a power or right in relation to:
602A(2)
A person does not have a substantial interest in the company, body or scheme for the purposes of this Chapter merely because the person has an interest in, or a relationship with, the company, body or scheme of a kind prescribed by the regulations for the purposes of this subsection. 602A(3)
The regulations may provide that an interest of a particular kind is an interest that may constitute a substantial interest in a company, listed body (other than a notified foreign passport fund) or listed registered scheme for the purposes of this Chapter.
[ CCH Note: Ch 6 will be amended by No 8 of 2022, s 3, Sch 2[160], by inserting the note, (effective 1 July 2022). The note will read:
Note: This Chapter only applies to acquisitions of interests in a CCIV if the CCIV is a listed company: see Division 1 of Part 8B.7 .]
A reference in this Chapter to a substantial interest in a company, listed body (other than a notified foreign passport fund) or listed registered scheme is not to be read as being limited to an interest that is constituted by one or more of the following:
(a) a relevant interest in securities in the company, body or scheme;
(b) a legal or equitable interest in securities in the company, body or scheme;
(c) a power or right in relation to:
(i) the company, body or scheme; or
(ii) securities in the company, body or scheme.
View history note
Hide history noteA person does not have a substantial interest in the company, body or scheme for the purposes of this Chapter merely because the person has an interest in, or a relationship with, the company, body or scheme of a kind prescribed by the regulations for the purposes of this subsection. 602A(3)
The regulations may provide that an interest of a particular kind is an interest that may constitute a substantial interest in a company, listed body (other than a notified foreign passport fund) or listed registered scheme for the purposes of this Chapter.
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