CORPORATIONS ACT 2001

CHAPTER 6A - COMPULSORY ACQUISITIONS AND BUY-OUTS  

PART 6A.5 - RECORDS OF UNCLAIMED CONSIDERATION  

SECTION 668A   COMPANY'S POWER TO DEAL WITH UNCLAIMED CONSIDERATION FOR COMPULSORY ACQUISITION  

668A(1)   Records of unclaimed compulsory acquisition consideration.  

If a company is paid consideration in respect of securities that are compulsorily acquired under Part 6A.1 or 6A.3, the company must maintain records of:


(a) the consideration paid (including any benefit accruing from the consideration and any property substituted for the whole or any part of that consideration); and


(b) the people who are entitled to that consideration; and


(c) any transfers of the consideration to the people entitled to it.

668A(2)   [ Retention of records]  

The company must keep the records at:


(a) its registered office; or


(b) its principal place of business in this jurisdiction; or


(c) another place in this jurisdiction approved by ASIC.

668A(3)   [ Right to inspect records]  

A person may ask the company to let the person inspect all or any of the records kept by the company under this section. The company must let the person inspect the records:


(a) if the company requires payment of an amount not exceeding the prescribed amount - within 7 days after the day on which the company receives that amount; or


(b) in any other case - within 7 days after the day on which the request is made.

668A(4)   [ Publication in the Gazette ]  

By the end of February each year, the company must publish in the Gazette a copy of the records kept under subsection (1) as at the end of the previous December.

668A(5)   [ Strict liability offence]  

An offence based on subsection (1), (2), (3) or (4) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .


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