Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p177
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 177/212)
Character Range: 461925–464490

this section called the 'critical day') on which the first of the offers was made, or the agreement is entered into, as the case may be; and

     (f) if section 206ga, 206ja or 206jb applies—was later than the day on which the resolution for which that section provides was passed.

"(3) The next condition is that, throughout the period starting on the day, or on the first of the days, when the notice was so published and ending at least 21 days after that day or the last of those days:

     (a) a copy of one of the offers, or of the agreement, as proposed on that day, or on the first of those days, was available for inspection without charge by any creditor of the company at the company's registered office at any time during that period when the office was required to be open and accessible to the public; and

     (b) a solvency declaration by the company's directors that related to the buy-back scheme or buy-back and was made not more than 2 months before the critical day was in force and so available; and

     (c) unless the company is a proprietary company and the buy-back does not exceed the 10% in 12 months limit—an auditor's report on the declaration was so available; and

  (d) if section 206ga, 206ja or 206jb applies:

         (i) a copy of the resolution for which that section provides; and

         (ii) each report or statement (if any) that was signed under subsection 206kd (2) or 206ke (1) and of which a copy was set out in a notice that set out the intention to propose the resolution and was sent to a person entitled to vote on it;

     was or were, as the case requires, so available.

SCHEDULE 5—continued

"(4) The next condition is that the terms of the offers, or of the agreement, as so proposed were not materially different from the terms of the offers as made, or of the agreement as entered into, as the case may be.

Content of advertisement

  "206lb. (1) A notice that sets out the intention to:

  (a) make offers constituting a buy-back scheme; or

  (b) enter into an agreement constituting a buy-back;

and is published in accordance with section 206lc must comply with this section.

  "(2) The notice must set out:

  (a) in relation to the consideration; or

     (b) in relation to each alternative consideration included in the consideration;

as the case requires, that under each of the proposed offers, or under the proposed agreement, as the case may be, is to be provided for the buy-back of the shares to which the offer or agreement relates:

     (c) the amount of money (if any), and the