Document ID: chunk:federal_register_of_legislation:F2023L01221:body:0:p4
Version: federal_register_of_legislation:F2023L01221
Segment Type: other
Provision Reference: 
Character Range: 7594–10590

section:

       approved foreign market has the meaning given by section 9.

                  Note:  The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

                  ASX means ASX Limited.

              foreign member means a member of a registered scheme who has a registered address outside of this jurisdiction.

              offer includes, in relation to an issue of interests, inviting an application for the issue of interests.

              placement resolution means, in relation to the approval of an issue of interests, a special resolution where votes are only permitted to be cast in respect of interests that are held by a member:

                  (a) who will not acquire any of the interests that are to be issued or an interest in those interests; and

                  (b) who does not hold the interests on trust for or on behalf of another person, unless that person will not acquire any of the interests that are to be issued or an interest in those interests.

              related issue means, in relation to an issue of interests, an issue of interests in the same class at a price set by the responsible entity, which has not been:

                  (a) approved or ratified by members in accordance with a provision in the constitution to the effect of subparagraph (2)(b)(ii); or

                  (b) issued in accordance with a provision of the constitution other than one to the effect of subsection (2).

              stapled security means two or more financial products including at least one interest in a registered scheme:
                  (a) that under the constitution must be transferred together;
                  (b) where there are no financial products in the same class as those financial products which may be transferred separately;
                  (c) where one or more of the financial products is a share of a body corporate, the body corporate has not issued any share that may be transferred separately; and
                  (d) where one or more of the financial products is an interest in a managed investment scheme, no interests in that scheme may be transferred separately.
           601GAE Discretions in constitutional provisions that set the amount of the consideration for the acquisition of interests
(1) The constitution of a registered scheme may provide a formula or method that is to be used to determine the amount of the consideration to acquire interests in the scheme that complies with subsection (2) but gives the responsible entity a discretion to do one or more of the following:
                  (a) decide a matter that affects the value of a factor included in the formula;
                  (b) decide a matter that is an aspect of the method;
                  (c) determine the amount of an adjustment to the amount determined by the formula for the costs in acquiring or disposing of