Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p175
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 175/212)
Character Range: 457048–459658

expert that could reasonably be regarded as being capable of affecting the expert's ability to give an unbiased opinion on the matters to which the report relates; and

  (c) particulars of:

       (i) any fee; and

SCHEDULE 5—continued

      (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.

Expert's consent

"206kg. If the company is a public company, the notice must set out, in relation to each report that was signed under paragraph 206kd (2) (a) or subsection 206ke (1) and of which a copy is set out in the notice, a statement to the effect that the expert who signed the report has given, and has not withdrawn, his or her consent to the sending of the notice with the report set out in the form and context in which it is set out.

Reasons for buy-back

"206kh. (1) The notice must set out the reasons why the buy-back is being proposed and the facts and principles underlying those reasons.

"(2) The notice must set out the takeover aspects of the proposed resolution.

Solvency aspects

"206kj. (1) The notice must set out what the directors consider will be the likely effect on the company's state of affairs if the proposed buy-back is made.

"(2) The notice must set out a copy of a solvency declaration by the directors that relates to the proposed buy-back and was made within 7 days before the day on which the notice is prepared.

  "(3) The notice must set out:

     (a) how many of the shares to which the proposed buy-back relates are partly-paid shares at the time when the notice is prepared; and

     (b) the total of all amounts (including amounts of premium) that at that time remain unpaid on the first-mentioned shares.

Directors' interests

"206kk. (1) The notice must set out, in relation to each of the directors, in relation to each person who, at the time when the notice is prepared, is associated with that director in relation to the proposed buy-back:

  (a) the name of that person; and

     (b) particulars of the circumstances by virtue of which that person is so associated with that director at that time.

SCHEDULE 5—continued

"(2) The notice must set out each declaration (if any) that, before the notice was prepared, a director of the company has made under section 231 in relation to the proposed agreement.

Effect on control of company

"206kl. (1) The notice must set out what the directors consider will be the likely effect on the control of the company if the proposed buy-back is made.

  "(2) The notice must set out,