Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p12
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 12/17)
Character Range: 521075–523942

or 436C;

      (l) the target company or a subsidiary executing a deed of company arrangement; or".

Paragraphs 647(2)(b) and 683(2)(b):

  Omit the paragraphs, substitute in each case:

      "(b) if the company is being wound up or is under administration— be signed by the liquidator or administrator, as the case may be; or

     (c) if the company has executed a deed of company arrangement that has not yet terminated—be signed by the deed's administrator.".

Paragraph 684(4)(a):

  Omit the paragraph, substitute:

      "(a) an administrator of that body corporate, or, if there are 2 or more bodies corporate, of either or any of them, is appointed under section 436A, 436B or 436C;".

Subsection 684(4):

Omit "body corporate was placed under official management,", substitute "administrator was so appointed,".

SCHEDULE 1—continued

Section 750 (paragraph (1)(a) in Part B and paragraph (1)(a) in Part D):

  Omit everything before subparagraph (i), substitute:

      "(a) unless paragraph (b) applies—in relation to each director of the target company:".

Section 750 (paragraph (1)(b) in Part B):

  Omit the paragraph, substitute:

     "(b) if the target company is being wound up, is under administration, or has executed a deed of company arrangement that has not yet terminated—in relation to each liquidator, each administrator of the company, or each administrator of the deed, as the case may be:

         (i) if he or she wants to make, and thinks himself or herself justified in making, a recommendation in relation to the offers—whether he or she recommends the acceptance of offers made or to be made by the offerer or recommends against acceptance, and why he or she so recommends; or

         (ii) otherwise—that he or she does not want to make, or does not think himself or herself justified in making, a recommendation, and why not.".

Section 750 (paragraph (13)(b) in Part B):

  Omit the paragraph, substitute:

     "(b) in the case of a Part B statement that is signed as mentioned in paragraph 647(2)(b) or (c)—any liquidator or administrator of the company, or any administrator of the deed of company arrangement, as the case may be;".

Section 750 (paragraph (1)(b) in Part D):

  Omit the paragraph, substitute:

     "(b) if the target company is being wound up, is under administration, or has executed a deed of company arrangement that has not yet terminated—in relation to each liquidator, each administrator of the company, or each administrator of the deed, as the case may be:

         (i) if he or she wants to make, and thinks himself or herself justified in making, a recommendation in relation to the offers—whether he or she recommends the acceptance of offers under the takeover announcement or recommends against acceptance, and why he or she so recommends; or

      (ii) otherwise—that he or she does not