Document ID: chunk:federal_register_of_legislation:F2022C01149:body:0:p9
Version: federal_register_of_legislation:F2022C01149
Segment Type: other
Provision Reference: 
Character Range: 20322–23015

occurred on or after 1 July 2004—an original of a certificate relating to that deed has also been lodged with ASIC by the relevant time, where that certificate conforms with the definition of certificate as it appears in this instrument or the definition of Certificate as it appeared in a previous order at the time that the deed was lodged;
       Foreign entities
(n)  as at the end of the relevant financial year, each member of the closed group other than the holding entity is:
(i) a company; or
(ii) a body incorporated in Australia, the United Kingdom, New Zealand, Singapore or Hong Kong;
(o) if a foreign entity is party to the deed of cross guarantee, the directors of the company and the holding entity are satisfied (as evidenced by resolutions of the directors of those two entities), before the holding entity lodges the consolidated financial statements, that, on the basis of appropriate recent advice, the deed of cross guarantee is in a class of documents generally enforceable in the place of incorporation or formation of the foreign entity as against the foreign entity;
       Bodies regulated by APRA
(p) as at the end of the relevant financial year, no party to the deed of cross guarantee was a body regulated by APRA;
       Variations to deed of cross guarantee
(q)  at the relevant time neither the company nor the holding entity have terminated, repudiated or attempted to repudiate or terminate or agreed to any variation of the deed of cross guarantee except by:
(i) an assumption deed that was either:
(A) lodged with ASIC together with a certificate relating to that deed, where that certificate conforms with the definition of certificate as it appears in this instrument or the definition of Certificate as it appeared in a previous order at the time that the deed was lodged; or
(B) where the assumption deed was lodged with ASIC before 1 July 2004—approved by ASIC;
(ii) a revocation deed under which the deed of cross guarantee ceased to apply to one or more entities other than the company;
(iii) the substitution of a trustee, or addition or substitution of an alternative trustee:
(A) contemplated by the deed of cross guarantee; and
(B) if the variation was lodged with ASIC before 1 July 2004—approved by ASIC; or
(iv) any variation to reflect any amendment of ASIC Pro Forma 24;
       Consolidated financial statements
(r) the holding entity has prepared by the relevant time consolidated financial statements together with notes for the relevant holding entity financial year;
(s) if the holding entity is not a registered foreign company:
(i) if the group comprising the holding entity and its controlled entities was not a reporting entity:
(A)