Document ID: chunk:federal_register_of_legislation:C2007A00132:clause:4_46
Version: federal_register_of_legislation:C2007A00132
Segment Type: clause
Provision Reference: sch 4 cl 46
Character Range: 158845–160268

46  After subsection 708(17)
Insert:

Deed of company arrangement

 (17A) An offer of securities does not need disclosure to investors under this Part if:
 (a) it is made to any or all of the company's creditors under a deed of company arrangement; and
 (b) it does not require the provision of consideration other than the release of the company from a debt or debts; and
 (c) in a case where the offer is specified in the deed otherwise than as a result of a resolution passed at a meeting convened under section 445F—the subsection 439A(3) notice given in relation to the administration of the company was accompanied by a statement:
 (i) that set out all relevant information about the offer that was within the knowledge of the administrator of the company; and
 (ii) that stated that the statement is not a prospectus and may contain less information than a prospectus; and
 (d) in a case where the offer is specified in the deed as a result of a resolution passed at a meeting convened under section 445F—the subsection 445F(2) notice given in relation to the resolution was accompanied by a statement:
 (i) that set out all relevant information about the offer that was within the knowledge of the administrator of the deed; and
 (ii) that stated that the statement is not a prospectus and may contain less information than a prospectus.

Part 2—Rights to property during administration

Corporations Act 2001