Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 6D.3A.01

Offers that are eligible to be made under Part 6D.3A of the Act

Class of securities

  (1)   For the purposes of paragraph   738G(1)(c) of the Act, this subregulation   specifies fully - paid ordinary shares as a class of securities.

Note:   Paragraph   738G(1)(c) of the Act requires securities to be of a class specified in the regulations for an offer for the issue of the securities to be eligible to be made under Part   6D.3A of the Act.

Other requirements

  (2)   For the purposes of paragraph   738G(1)(f) of the Act, this subregulation   specifies the requirement that the funds sought to be raised by the offer are not intended by the company to be used, to any extent, by:

  (a)   the company to issue a credit facility (within the meaning of regulation   7.1.06) to a related party of the company that is not a wholly - owned subsidiary of the company; or

  (b)   a related party of the company to issue a credit facility (within the meaning of regulation   7.1.06) to the company or to another related party of the company.


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