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: 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

What's new

More releases on takeovers

Last updated: 29/07/2021 02:10