Document ID: chunk:federal_register_of_legislation:C2004A04777:front:0:p8
Version: federal_register_of_legislation:C2004A04777
Segment Type: other
Provision Reference: 
Character Range: 18666–21643

proceedings in a court of competent jurisdiction,".

34. Subsection 588W(1):

  Omit ", by proceedings in a court of competent jurisdiction,".

35. Subsection 1274(11):

  Omit "the Court or any court of summary jurisdiction", substitute "a court".

36. Subsection 1317HD(1):

  Omit ", by proceedings in a court of competent jurisdiction,".

SCHEDULE 1—continued

37. Section 1360:

  Omit "in a court of competent jurisdiction".

                         SCHEDULE 2 Section 5

AMENDMENTS OF CORPORATIONS LAW RELATING TO CLEARING HOUSE SUBREGISTER SYSTEM

1. Section 9:

  Insert:

" 'SCH certificate cancellation provisions' means the provisions of the SCH business rules that deal with:

    (a) brokers cancelling certificates or other documents of title to quoted securities or quoted rights; and

    (b) matters incidental to brokers cancelling such certificates or documents;

'SCH subregister' means a subregister of quoted securities or quoted rights maintained by the SCH under the SCH business rules;".

2. Subsection 210(2):

  Omit "The", substitute "Subject to subsection (3A), the".

3. Subsection 210(3):

  Omit "A", substitute "Subject to subsection (3A), a".

4. After subsection 210(3):

  Insert:

"(3A) If a company's register includes the numbers of certificates evidencing the holdings of its members, nothing in subsection (2) or (3) requires:

    (a) a person to be allowed to see those numbers when inspecting the register; or

    (b) a copy of the register, or a part of it, sent to a person to contain those numbers.".

5. After section 642:

  Insert in Division 1 of Part 6.3:

Quoted securities—SCH business rules may specify mode of acceptance

  "642A.(1) If:

    (a) an offer relates wholly or partly to shares that are quoted securities; and

    (b) the SCH business rules require that an acceptance of the offer, so far as it relates to those shares, must be made in a particular way;

an acceptance of the offer, so far as it relates to those shares, is effective if, and only if, it is made in that way.

SCHEDULE 2—continued

  "(2) Subsection (1) has effect despite any requirements specified in the offer.".

6. Subsection 650(3):

  Omit "written".

7. After subsection 650(3):

  Insert:

  "(3A) A notice under subsection (3):

     (a) if it relates to shares that are entered on an SCH subregister—must be in an electronic form approved by the SCH business rules for the purposes of this Part; or

     (b) if it relates to shares that are not entered on an SCH subregister— must be in writing.".

8. Subparagraph 658(a)(i):

  Omit "written".

9. Subparagraph 658(a)(ii):

  Omit the subparagraph, substitute:

  "(ii) returning any consideration received by the offeree; and".

10. Paragraph 658(b):

  Omit the paragraph, substitute:

     "(b) if the offeree withdraws the acceptance of the offer under paragraph (a), the offeror must, before the end of 14 days after the withdrawal day (as defined in subsection (4)):