Document ID: chunk:federal_register_of_legislation:C2012C00862:clause:2_103e
Version: federal_register_of_legislation:C2012C00862
Segment Type: clause
Provision Reference: sch 2 cl 103E
Character Range: 72260–73796

103E  APRA must obtain expert's report on the fair value of shares etc.
 (1) APRA must comply with this section before giving a recapitalisation direction that directs a general insurer to issue shares, or rights to acquire shares, in the insurer, unless APRA is satisfied that compliance with this section would detrimentally affect:
 (a) the policyholders of the insurer; or
 (b) the stability of the financial system in Australia.
 (2) APRA must:
 (a) obtain a report on the fair value of the shares, or rights to acquire shares, in the insurer from an expert who is not an associate of the company under Division 2 of Part 1.2 of the Corporations Act 2001; and
 (b) consider the report.
 (3) The report must set out:
 (a) the amount that is, in the expert's opinion, the fair value for each of those shares or rights; and
 (b) the reasons for forming the opinion; and
 (c) any relationship between the expert and:
 (i) the insurer; or
 (ii) a person who is an associate of the insurer under Division 2 of Part 1.2 of the Corporations Act 2001;
  including any circumstances in which the expert gives the insurer or person advice, or acts on behalf of the insurer or person, in the proper performance of the functions attaching to the expert's professional capacity or business relationship with the insurer or person; and
 (d) any financial or other interest of the expert that could reasonably be regarded as being capable of affecting the expert's ability to give an unbiased opinion in relation to the matter being reported on.