The information that the bidder must disclose under subparagraph (k)(i)
and paragraph (l) must be only as up-to-date as it is reasonable to
expect in the circumstances. The bidder does not have to disclose information
under paragraph (m) if it would be unreasonable to require the bidder to
do so because the information had previously been disclosed to the holders of
bid class securities.
- Note: Paragraph (b)See subsection 637(2) for the date of the
statement.
Expert's report on non-cash consideration provided for bid class securities in
last 4 months
(2) If the bidder's statement includes details of the value per
share of consideration under subparagraph (1)(h)(iii), the statement must
include, or be accompanied by, a report by an expert that states whether, in
the expert's opinion, the value stated is fair and reasonable and gives the
reasons for forming that opinion.
- Note: Subsections 648A(2) and (3) provide
for the independence of the expert and disclosure of any association between
the bidder and the expert or the target and the expert. A contravention of one
of those subsections results in the bidder's statement not complying with this
subsection.
Consent of person to whom statement attributed
(3) The bidder's statement may
only include, or be accompanied by, a statement by a person, or a statement
said in the bidder's statement to be based on a statement by a person, if:
- (a)
- the person has consented to the statement being included in the bidder's
statement, or accompanying it, in the form and context in which it is
included; and
- (b)
- the bidder's statement states that the person has given this consent; and
- (c)
- the person has not withdrawn this consent before the bidder's statement is
lodged with ASIC.
(4) The bidder must keep the consent.