Foreign Acquisitions and Takeovers Regulation 2015 (Cth)

PART 2 - PROVISIONS RELATING TO DEFINITIONS AND RULES OF INTERPRETATION  

SECTION 21   MEANING OF TOTAL ISSUED SECURITIES VALUE  

21(1)    
This section prescribes the meaning of total issued securities value for an entity for section 4 of the Act.

21(2)    
The total issued securities value for an entity is the total of the class values worked out under subsection (3) or (5) for each class of securities in the entity.

Meaning of class value

21(3)    
The class value for a class of securities in an entity is worked out using the following formula if securities in that class are being acquired or issued:

The consideration for the acquisition or issue of that class of securities	×	The total number of issued securities in that class immediately before the acquisition or issue
The number of securities in that class to be acquired or issued

21(4)    
The consideration for the acquisition or issue of a class of securities is:

(a) for an acquisition of interests in securities - the total consideration for the acquisition of securities in that class; or

(b) for an issue of securities - the total issue price of all the securities in that class to be issued.

Note: Consideration is defined in section 14 . The consideration for the acquisition of an interest in securities in a foreign entity may be apportioned in certain cases (see subsection 14(5) ).

21(5)    
The class value for a class of securities in an entity is worked out using the following formula if securities in that class are not being acquired or issued:

The market value of securities in that class

×

The total number of issued securities in that class immediately before the acquisition or issue of the other class or classes of securities in that entity