Document ID: chunk:federal_register_of_legislation:C2004A03309:body:0:p11
Version: federal_register_of_legislation:C2004A03309
Segment Type: other
Provision Reference: 
Character Range: 24399–27123

exceeding one-half) as is specified in the provisions, and otherwise shall be taken to have been rejected.
"(3) Except in so far as the constituent documents of a company otherwise provide, the provisions (whether of a law or of the constituent documents, or any other provisions) that apply in relation to a general meeting of the company shall, with such modifications as the circumstances require, apply in relation to a meeting that is convened pursuant to take-over approval provisions of the company and shall so apply as if the last-mentioned meeting were a general meeting of the company.
"(4) Where—
(a) take-over offers have been made under a take-over scheme in accordance with sub-paragraph 16 (2) (a) (ii) (whether the first offer under the take-over scheme was made before, at, or at any time after, the commencement of Part II of the Companies and Securities Legislation Amendment Act 1986); and
(b) the constituent documents of the target company in relation to the take-over scheme contain take-over approval provisions,
then—
(c) the directors of the company shall ensure that a resolution to approve the take-over scheme is voted on in accordance with those provisions before the relevant day in relation to the take-over scheme; and
(d) if the directors fail to ensure that such a resolution is so voted on, each of the directors contravenes this sub-section.
"(5) Where a resolution to approve a take-over scheme is voted on, in accordance with take-over approval provisions of the target company in relation to the take-over scheme, before the relevant day in relation to the take-over scheme, the target company shall, on or before the relevant day—
(a) give to the offeror; and

(b) in a case where the target company is a listed company—serve on each notifiable securities exchange in relation to the target company,
a notice in writing stating that a resolution to approve the take-over scheme has been so voted on and that the resolution has been passed, or has been rejected, as the case requires.
"(6) Where, as at the end of the day before the relevant day in relation to a take-over scheme under which offers have been made in accordance with sub-paragraph 16 (2) (a) (ii) —
(a) the constituent documents of the target company in relation to the take-over scheme contain take-over approval provisions; and
(b) no resolution to approve the take-over scheme has been voted on in accordance with those provisions,
a resolution to approve the take-over scheme shall, for the purposes of those provisions, be deemed to have been passed in accordance with those provisions.
"(7) Where—
(a) the constituent documents of a company contain take-over approval provisions; and
(b) a resolution to approve