Foreign Acquisitions and Takeovers Regulation 2015 (Cth)
View history note
Hide history noteThe excluded provisions do not apply in relation to an acquisition of an interest (the subject interest ) in securities, assets, a trust, Australian land or a tenement by a foreign person if: (a) the foreign person is a corporation that is in the business of providing custodian services to other persons in relation to the holding of interests in securities, assets, trusts, Australian land or tenements; and (b) the foreign person acquires the subject interest in the course of the foreign person ' s business of providing such services; and (c) the subject interest is a legal interest; and (d) the equitable interests (other than a right covered by subsection (2) ) in the securities, assets, trust, land or tenement are not held by the foreign person; and (e) if voting rights are associated with the subject interest - the foreign person exercises those voting rights only at, or in accordance with, the direction of:
(i) another person that is providing custodian services to a person in relation to the holding of the subject interest; or
(ii) the holder of an equitable interest in the securities, assets, trust, land or tenement that is receiving custodian services that are related to that equitable interest.
30(2)
For the purposes of paragraph (1)(d) , this subsection covers a right to be indemnified for any debts or liabilities incurred, or damages or losses sustained, in good faith and without negligence, in the provision or purported provision of the custodian services referred to in paragraph (1)(a) or (e) .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
