Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p5
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 12500–15273

(1) (b) and substituting the following paragraph:
     "(b) not later than 14 days after receipt of a notice served pursuant to sub-section 24 (1)—
          (i) give a Part B statement to the offeror; and
          (ii) give, or cause to be given, a copy of that statement to each person to whom an offer to which the Part A statement relates was made.".

Offeror connected with target company
7. Section 23 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "stating whether" and substituting "setting out the particulars referred to in sub-section (1a), stating whether,"; and
     (b) by inserting after sub-section (1) the following sub-section:
     "(1a) The particulars that are required by sub-section (1) to be set out in a report made by an expert in relation to take-over offers are—
          (a) particulars of any relationship of the expert with the offeror, the target company or any person (in this paragraph referred to as a 'relevant associate') who is associated with the offeror or the target company, including, without limiting the generality

          of the foregoing, particulars of any circumstances in which the expert furnishes advice to or acts on behalf of the offeror, the target company or a relevant associate in the proper performance of the functions attaching to the expert's professional capacity or to the expert's business relationship with the offeror, the target company or the relevant associate;
          (b) particulars of any pecuniary 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 take-over offers; and
          (c) particulars of—
              (i) any fee; and
              (ii) any pecuniary or other benefit, whether direct or indirect,
          that the expert has received or will or may receive for or in connection with the making of the report.".

Provisions relating to dissenting shareholders
8. Section 42 of the Principal Act is amended by omitting sub-section (5) and substituting the following sub-sections:
"(5) An offeror to whom sub-section (2) applies in relation to a particular company shall, on the first day on which he gives a notice under sub-section (2) in relation to that company, lodge with the Commission a copy of that notice or, if on that first day he gives 2 or more notices under sub-section (2) in relation to that company, a copy of any one of those notices.
"(5a) An on-market offeror to whom sub-section (3) applies in relation to a particular company shall, on the first day on which he gives a notice under sub-section (3) in relation to that company, lodge with the Commission a copy of that notice or, if on that first day he gives 2 or