Cross-references June 2013 takeovers guidance to previous guides
Important notice: Takeover documents are now lodged with ASIC through the ASIC Regulatory Portal. For more information, see how you lodge fundraising and corporate finance documents.
Applications for relief should also be submitted through the ASIC Regulatory Portal. Fees will apply to an application and details about payment options are provided in the portal. For more information see, how you apply for relief.
In June 2013 we consolidated our previous 17 regulatory guides about takeovers into 4 new regulatory guides.
This page sets out cross-references to those parts of our previous guidance that related to the subject matter of our current regulatory guides.
- RG 5 Relevant interests and substantial holding notices
- RG 6 Takeovers: Exceptions to the general prohibition
- RG 9 Takeover bids
- RG 10 Compulsory acquisition and buyouts
RG 5 Relevant interests and substantial holding notices: Cross-references to previous guidance
RG 5 Section B Relevant interests in securities |
Our previous guidance |
Applying the relevant interest definition The basic rule for a relevant interest Extension to the basic rule: Interests in a body corporate or managed investment scheme Extension to the basic rule: Anticipation of performance or exercise of agreement or right |
RG 9 |
Exceptions |
RG 171, Section B RG 171, Section C |
RG 5 Section C Takeovers and substantial holdings: Applying the relevant interest concept |
Our previous guidance |
The takeover and substantial holding disclosure thresholds Voting power |
N/A |
Deemed increase in voting power: Acquisitions from an associate |
RG 171, Section D |
Associates |
N/A |
Disposal rights giving rise to an association |
RG 171, Section Y |
RG 5 Section D Options |
Our previous guidance |
(whole section) |
RG 5 RG 48 |
RG 5 Section E Warrants |
Our previous guidance |
(whole section) |
RG 143 |
RG 5 Section F Escrow arrangements |
Our previous guidance |
(whole section) |
RG 159, Section Q |
RG 5 Section G Substantial holding notices |
Our previous guidance |
(whole section) |
RG 159, Section X |
RG 6 Takeovers: Exceptions to the general prohibition: Cross-references to previous guidance
RG 6 Section B On-market purchases during the bid period |
Our previous guidance |
(whole section) |
RG 171, Section F |
RG 6 Section C Creeping acquisitions |
Our previous guidance |
Combining the 3% creep exception with other exceptions |
RG 171, Section H |
The 3% creep exception and the efficient market principle |
N/A |
Dilution below 19% voting power |
RG 159, Section A |
RG 6 Section D Rights issues |
Our previous guidance |
Accelerated rights issues |
RG 199, Section B |
Rights issues and underwriting: Unacceptable circumstances |
RG 159, Section R |
Shortfall facilities |
RG 199, Section C |
Offers to foreign holders: The nominee procedure |
RG 159, Section B RG 171, Section K RG 199, Section D |
RG 6 Section E Underwriting |
Our previous guidance |
The exceptions for underwriting What is underwriting? Arrangements not considered underwriting Related party underwriting: Member approval |
RG 61 RG 159, Section R |
Underwriting a dividend reinvestment plan |
RG 199, Section E |
RG 6 Section F Acquisitions by brokers: Client facilitation |
Our previous guidance |
(whole section) |
RG 31 |
RG 9 Takeover bids: Cross-references to previous guidance
RG 9 Section B The takeover offers |
Our previous guidance |
Classes of securities |
RG 10 RG 159, Section C |
Bid class securities issued after the s633(2) date |
RG 159, Section D RG 171, Section L |
Offers to foreign holders |
RG 159, Section B RG 171, Section K |
Small parcels |
RG 159, Section E |
Consideration payable subject to providing documents |
RG 171, Section M |
RG 9 Section C Bids for multiple classes |
Our previous guidance |
Treating multiple classes as a single class |
RG 159, Section C |
Exercising convertible securities acquired under a bid |
RG 159, Section S |
RG 9 Section D Conditional offers |
Our previous guidance |
The notice of status of conditions |
RG 6.2 |
The statutory quotation condition |
RG 171, Section O |
Maximum acceptance and discriminatory conditions |
RG 27 |
Conditions relating to ‘prescribed events’ in s652C |
RG 171, Section S |
Section 652C conditions at the close of the offer |
RG 171, Section T |
RG 9 Section E Collateral benefits |
Our previous guidance |
The prohibition on collateral benefits |
RG 35 |
Prohibited benefits |
N/A |
When the prohibition applies |
RG 171, Section N |
Relief from the collateral benefits prohibition |
RG 35 RG 145 |
RG 9 Section F The bidder’s statement |
Our previous guidance |
The bidder’s intentions |
RG 11 |
Funding arrangements |
RG 37 |
Scrip or managed investment products provided other than by bidder or controlled entity |
RG 171, Section Q |
Relevant interests and dealings of foreign associates and trustees |
RG 159, Section J |
Information not available at lodgement |
RG 171, Section P |
Changes to a bidder’s statement between lodgement and dispatch |
RG 159, Section F |
Extension of time for sending the bidder’s statement |
RG 159, Section H |
RG 9 Section G The target’s statement |
Our previous guidance |
Extension of time for sending the target’s statement |
RG 159, Section I |
Receivers and managers |
RG 159, Section K |
RG 9 Section H Consents |
Our previous guidance |
Consent to quote officials and publications |
RG 159, Section T |
Consent to use lodged statement |
RG 171, Section R |
RG 9 Section I Supplementary statements |
Our previous guidance |
(whole section) |
RG 159, Section G |
RG 9 Section J Variation of offers |
Our previous guidance |
Extension of offer period under an off-market bid |
RG 6.1, RG 6.4 and RG 6.6 |
Closing time for an automatically extended offer period |
N/A |
Withdrawal rights |
RG 6.9 |
Variation to allow conditional increase in consideration |
RG 159, Section M |
Adding scrip consideration to an off-market bid |
RG 159, Section L |
Varying off-market offers before dispatch |
RG 6.3 |
Approving notices of variation |
RG 159, Section N |
RG 9 Section K Acceptances |
Our previous guidance |
(whole section) |
N/A |
RG 9 Section L Joint bids |
Our previous guidance |
(whole section) |
RG 159, Section Z |
RG 9 Section M Non-compliant bids |
Our previous guidance |
(whole section) |
RG 171, Section J |
RG 10 Compulsory acquisition and buyouts: Cross-references to previous guidance
RG 10 Section B Post-bid compulsory acquisition |
Our previous guidance |
The requirement to bid for all securities |
RG 159, Section V |
The 90% relevant interest threshold |
N/A |
The 75% acquisition threshold |
RG 159, Section W RG 171, Section U |
Compulsory acquisition of employee and other non-transferable securities |
RG 159, Section U |
RG 10 Section C General compulsory acquisition |
Our previous guidance |
Full beneficial interests |
RG 171, Section V |
The six month time limit for general compulsory acquisition |
RG 171, Section W |
RG 10 Section D Buyout rights |
Our previous guidance |
(whole section) |
N/A |
RG 10 Section E Expert reports |
Our previous guidance |
(whole section) |
RG 159, Section O |
RG 10 Section F Lodging compulsory acquisition and buyout documents |
Our previous guidance |
(whole section) |
N/A |