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CORPORATIONS ACT 2001 - SECT 663A

Bidder must offer to buy out holders of convertible securities

  (1)   If the bidder and their associates have relevant interests in at least 90% of the securities (by number) in the bid class at the end of the offer period, the bidder must offer to buy out the holders of securities that are convertible into bid class securities in accordance with sections   663B and 663C. This section does not apply to securities if a takeover bid has been made for the convertible securities and a notice has been given under section   661B or 662B in relation to the convertible securities.

Note:   For when securities are convertible into bid class securities, see the definition of convertible securities in section   9.

  (2)   An offence based on subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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