New South Wales Consolidated Regulations

CO-OPERATIVES NATIONAL REGULATIONS - REG 3.22

3.22 Notice about substantial share interest under section 361 (section 362)

(1) For the purposes of section 362(b) of the Law, the prescribed particulars to be specified when giving notice of having a substantial share interest under section 361(1) of the Law are as follows:

(a) the name of the co-operative to whom notice is being given;

(b) the name and address of the person giving notice;

(c) the date on which the substantial share interest was acquired;

(d) the following particulars in respect of each holder of a substantial share interest:

(i) the name and address of the holder;

(ii) the number and description of the shares in which each substantial share interest is held;

(iii) the name and address of each person registered as the holder of the shares in which the substantial share interest is held;

(iv) the name and address of each person entitled to become registered as the holder of the shares in which the substantial share interest is held;

(v) the date of each acquisition of a substantial share interest within the previous 12 months and the number of shares acquired at that date (if any);

(vi) the valuable consideration for each acquisition in the previous 12 months, including the nature of any part that did not consist of money;

(vii) the total number of shares in which the holder has a substantial interest;

(e) particulars of any contract, scheme, arrangement or other circumstance by reason of which the holder of the substantial share interest acquired the substantial share interest (not including interests acquired more than 12 months previously) if the holder has, throughout the period of 12 months immediately preceding the date of the notice, been the registered shareholder of those shares;

(f) particulars of the nature of the substantial share interest;

(g) particulars of any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers of the relevant shares;

(h) particulars of any additional benefit that any person from whom a substantial share interest was acquired has, or may, become entitled to receive, whether on the happening of a contingency or not, in relation to that acquisition, other than the valuable consideration referred to in paragraph (d)(vi);

(i) the date of giving notice.

(2) For the purposes of section 362(b) of the Law, the prescribed particulars to be specified when giving notice of a substantial change in a substantial share interest under section 361(2) of the Law are as follows:

(a) the name of the co-operative to whom notice is being given;

(b) the name and address of the person giving notice;

(c) the following particulars applicable before the change:

(i) the name and address of the holder of the substantial share interest;

(ii) the number and description of the shares in which the substantial share interest was held;

(iii) the name and address of the person registered as the holder of the shares;

(iv) the name and address of the person entitled to become registered as the holder of the shares;

(v) the total number of shares in which the holder of the substantial share interest held the substantial share interest;

(d) the following particulars relating to the change:

(i) the date of the change in the substantial share interest;

(ii) particulars of the valuable consideration given in relation to the change, including the nature of that part (if any) that did not consist of money;

(iii) particulars of any contract, scheme, arrangement or other circumstance by reason of which the change in the substantial share interest occurred;

(iv) particulars of any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers of those shares in which the substantial share interest in which the change occurred is held;

(v) particulars of any additional benefit that a person has, or may, become entitled to receive, whether on the happening of a contingency or not, as a consequence of a change in a substantial share interest;

(e) the following particulars applicable after the change:

(i) the name and address of the holder of the substantial share interest;

(ii) the number and description of the shares in which the substantial share interest is held;

(iii) the name and address of the person entitled to become registered as the holder of the shares;

(f) the date of giving notice.

(3) For the purposes of section 362(b) of the Law, the prescribed particulars to be specified when giving notice of ceasing to have a substantial share interest in a co-operative under section 361(3) of the Law are as follows:

(a) the name of the co-operative to whom notice is being given;

(b) the name and address of the person giving notice;

(c) the name and address of the person ceasing to have a substantial share interest in the co-operative;

(d) the date on which the person ceased to have a substantial share interest in the co-operative;

(e) details of any agreement or other circumstances because of which the person ceased to hold a substantial share interest in the co-operative;

(f) the following particulars in relation to each change in a substantial share interest of the person since the person was last required to give notice of such a change to the co-operative:

(i) the date of the change;

(ii) the nature of the change;

(iii) the consideration given in relation to the change;

(iv) the class and number of shares affected by the change;

(g) the date of giving notice.