Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.12 - MISCELLANEOUS  

Division 1A - Employee share schemes  

Subdivision C - Offers that are eligible to be made under this Division  

SECTION 1100X   ADDITIONAL DISCLOSURE REQUIREMENTS FOR OFFERS BY UNLISTED BODIES CORPORATE  

Supporting information for offers by unlisted bodies corporate

1100X(1)    
The supporting information required by this section is:

(a)    the financial information mentioned in subsection (2) , accompanied by a statement as to whether that financial information has been audited; and

(b)    a document covered by subsection (3) (about valuations) in relation to the ESS interests being offered; and

(c)    a statement that the body corporate is solvent; and

(d)    any other financial information prescribed by the regulations for the purposes of this paragraph.

Financial information

1100X(2)    
The financial information is:

(a)    if the body corporate must lodge a report for a financial year with ASIC under section 319 - a copy of the most recent report lodged with ASIC; or

(b)    if the body corporate is a registered foreign company - a copy of the most recent documents lodged with ASIC under section 601CK ; or

(c)    otherwise - a balance sheet and profit and loss statement prepared in compliance with either the accounting standards or the international accounting standards (within the meaning of the Australian Securities and Investments Commission Act 2001 ).

Valuation information

1100X(3)    
This subsection covers the following documents:

(a)    a copy of a valuation of the ESS interest that has been prepared consistently with an applicable method approved by the Commissioner of Taxation under section 960-412 of the Income Tax Assessment Act 1997 ;

(b)    if securities in the same class as the ESS interests are on offer at the same time as the ESS interests - a disclosure document for that offer that has been lodged with ASIC as mentioned in section 727 ;

(c)    if financial products in the same class as the ESS interests are on offer at the same time as the ESS interests - a disclosure document or statement (within the meaning of section 952B ) in relation to those financial products;

(d)    a copy of an executed agreement under which ESS interests in the same class as the ESS interests are to be acquired on arm ' s length terms by a third party who is not an associate of the person making the offer, where the agreement specifies the amount of monetary consideration to be paid for an ESS interest in that class;

(e)    a copy of a draft agreement under which ESS interests in the same class as the ESS interests are to be acquired on arm ' s length terms by a third party who is not an associate of the person making the offer, where the agreement specifies the amount of monetary consideration to be paid for an ESS interest in that class;

(f)    a document prescribed by the regulations for the purposes of this paragraph.