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StatuteCorporations Act 2001

Section 1019D — Corporations Act 2001: Offers to which this Division applies

Text of the provision Official document

(1) This Division applies to an offer in relation to which the following paragraphs are satisfied: (a) the offer is an unsolicited offer to purchase a financial product made by a person (the offeror) to another person (the offeree); (b) the offer is made otherwise than on a licensed market; (c) one or more of the following apply: (i) the offer is made in the course of a business of purchasing financial products; (ii) the offeror was not in a personal or business relationship with the offeree before the making of the offer; (iii) the offer is made in circumstances specified in regulations made for the purposes of this subparagraph; (d) the offer is not: (i) made to the issuer of the financial products; or (ii) to buy back shares under a buy-back authorised by section 257A; or (iii) made under a compromise or arrangement approved at a meeting held as a result of an order under subsection 411(1) or (1A); or (iv) to acquire securities under an off-market bid; or (v) to compulsorily acquire or buy out securities under Chapter 6A; or (vi) to acquire shares from a dissenting shareholder under section 414; or (vii) made in relation to particular financial products that are specified in regulations made for the purposes of this subparagraph; or (viii) made in circumstances that are specified in regulations made for the purposes of this subparagraph; (e) the offer is made or received in this jurisdiction. (2) The regulations may clarify: (a) when an offer is, or is not, made in the course of a business of purchasing financial products; or (b) when an offeror was, or was not, in a previous personal or business relationship with an offeree. Regulations made for the purposes of this subsection have effect despite anything else in this section.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.