Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p9
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 20688–23382

(c).

  "(2) In this section:

'corresponding previous law' does not include a law, or part of a law, in force before 1 July 1982 (which is when the Companies Act 1981 commenced).

Securities issued as consideration for an acquisition under a takeover scheme or Part 5.1 compromise or arrangement

"111AG.(1) Securities (except debentures) in a class of securities of a body are ED securities if:

     (a) securities in that class have been issued by the body as consideration for the acquisition of shares pursuant to a takeover scheme as defined in section 603 or a corresponding previous law; and

     (b) after an issue of securities in that class pursuant to the takeover scheme, 100 or more persons held securities in that class; and

     (c) securities in that class have been held by 100 or more persons at all times since the issue of securities referred to in paragraph (b).

  "(2) Securities in a class of securities of a body are ED securities if:

     (a) securities in that class have been issued as consideration for the acquisition or cancellation of securities of another body pursuant to a compromise or arrangement under Part 5.1 or a corresponding previous law; and

     (b) securities in that class, or those or any other securities of the other body, were ED securities immediately before securities in that class were first issued pursuant to the compromise or arrangement; and

     (c) after an issue of securities in that class pursuant to the compromise or arrangement, 100 or more persons held securities in that class; and

     (d) securities in that class have been held by 100 or more persons at all times since the issue of securities referred to in paragraph (c).

  "(3) In this section:

'corresponding previous law':

     (a) when used in subsection (1), does not include a law, or part of a law, in force before 1 July 1981 (which is when the Companies (Acquisition of Shares) Act 1980 commenced); and

     (b) when used in subsection (2), does not include a law, or part of a law, in force before 1 July 1982 (which is when the Companies Act 1981 commenced).

SCHEDULE 1—continued

When a person holds securities for the purposes of sections 111AF and 111AG

"111AH.(1) For the purposes of sections 111AF and 111AG, a person holds securities if, and only if:

     (a) the person is registered as the holder of the securities in a register under section 209, 215, 1047 or 1070; or

  (b) the person is entitled to be so registered.

"(2) For the purposes of sections 111AF and 111AG, joint holders of securities count as one person.

Debentures in relation to which section 1052 requires a trustee

  "111AI. Debentures of a borrowing corporation