Document ID: chunk:federal_register_of_legislation:F2017C00893:body:0:p1
Version: federal_register_of_legislation:F2017C00893
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ASIC Corporations (Foreign Rights Issues) Instrument 2015/356

About this compilation

Compilation No. 1

This is a compilation of ASIC Corporations (Foreign Rights Issues) Instrument 2015/356 as in force on 5 September 2017. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information
about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary
1 Name of legislative instrument
3 Authority
4 Definitions
Part 2—Exemption
5 Disclosure relief for rights issues of foreign securities
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This instrument is ASIC Corporations (Foreign Rights Issues) Instrument 2015/356.

3 Authority
This instrument is made under section 741 of the Corporations Act 2001.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.
approved foreign market has the meaning given by section 9 of the Act.
           Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.
Australian offeree means an offeree who receives an offer of securities under a pro-rata offer or shortfall offer in this jurisdiction.
Australian resident, in relation to a pro-rata offer or shortfall offer of a foreign company, means:
           (a) a beneficial owner of securities in the offer class whose address:
              (i) as included in publicly available reports of beneficial ownership that have been given to:
                  (A) an agency of a government or other body that performs regulatory functions under the laws of:
                     (I) the place of origin of the foreign company; or
                     (II) the jurisdiction of an approved foreign market on which the securities in the offer class are quoted; or
                  (B) a market operator of an approved foreign market on which the securities in the offer class are quoted; or
              (ii) as otherwise known to the foreign company,
           is in this jurisdiction; or
           (b) if the address of a beneficial owner of securities in the offer class is not included in such publicly available reports or otherwise known to the foreign company—a holder of securities in the offer class whose address, as recorded in the relevant register of members, is in this jurisdiction.
foreign regulatory requirements means the laws or other rules (however described) that apply to the pro-rata offer or the shortfall offer in the primary foreign jurisdiction as in force at the date of the offer.
offer class means the class of securities to which offers of securities under a pro-rata offer relates.
primary foreign jurisdiction means:
           (a) the place of the approved foreign market on which the securities in the offer class are quoted;