Corporations Act 2001
[ 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 .]
The copy of the bidder ' s statement that is lodged with ASIC must be approved by:
(a) for a bidder that is a body corporate (other than a notified foreign passport fund):
(i) if the consideration offered under the bid is a cash sum only - a resolution passed by the directors of the bidder; or
(ii) otherwise - a unanimous resolution passed by all the directors of the bidder; or
(b) for a bidder who is an individual - the bidder.
[ CCH Note: S 637(1) will be amended by No 69 of 2020, s 3, Sch 1[997], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
The bidder's statement must be dated. The date is the date on which it is lodged with ASIC.
[ CCH Note: S 637(2) will be amended by No 69 of 2020, s 3, Sch 1[997], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
An offence based on subsection (1) or (2) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
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