Document ID: chunk:federal_register_of_legislation:C2023A00101:clause:5_2:p2
Version: federal_register_of_legislation:C2023A00101
Segment Type: clause
Provision Reference: sch 5 cl 2 (pt 2/3)
Character Range: 62839–65511

the distribution if paragraph (1)(a) were omitted.

When issue of equity interests has the effect or purpose of funding all or part of a distribution
 (4) In considering whether the condition in paragraph (1)(c) is satisfied, take the following matters into account:
 (a) the extent to which the time (or times) at which any of the *equity interests mentioned in that paragraph were issued differs (or differ) from the time at which the relevant distribution was made;
 (b) the extent to which the amount of the funds from the issue of any of those equity interests differs from the amount of the relevant distribution or the relevant part (as the case may be);
 (c) the extent to which the financial position of any of the following entities changed as a result of the relevant distribution (or any part of the relevant distribution) and the issue of any of those equity interests:
 (i) the entity that made the relevant distribution;
 (ii) an entity that, before, at or after the time at which the relevant distribution was made, was a *connected entity of that entity;
 (iii) if the entity in which those equity interests were issued is not the entity that made the relevant distribution—the entity in which those equity interests were issued;
 (d) the use of the funds from the issue of any of those equity interests;
 (e) whether there are any reasons for the issue of any of those equity interests other than the funding of the relevant distribution (or any part of the relevant distribution);
 (f) the extent to which the issue of any of those equity interests was underwritten (whether formally or informally);
 (g) how the history of the amounts of *franking surplus or *franking deficit for the *franking account of the entity that made the relevant distribution compares to:
 (i) the history of profits and or loss of that entity; and
 (ii) the history of the balance of the share capital account of that entity;
 (h) if the entity that made the relevant distribution is not the entity in which those equity interests were issued—the nature and extent of the relationship between those entities;
 (i) the extent to which:
 (i) the entity to which the relevant distribution was made; and
 (ii) other entities to which analogous distributions were made;
 (iii) other entities to which analogous distributions were not made, but which were entitled to analogous distributions;
  are the same as the entities to which those equity interests were issued;
 (j) other distributions (if any) made by the entity that made the relevant distribution (whether before, at or after the time at which the relevant distribution was made);
 (k) any other relevant consideration.