Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p173
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 173/212)
Character Range: 452065–454768

copy of the proposed agreement will be available:

     (a) at the company's registered office at any time when the office is required to be open and accessible to the public during the period starting on a specified day at least 14 days before the day of the meeting and ending on the day of the meeting; and

  (b) at the meeting;

for inspection without charge by any person entitled to vote on the proposed resolution.

Valuation of non-cash consideration

"206kd. (1) This section applies if the consideration that under the proposed agreement is to be provided for the buy-back consists, or includes at least one alternative consideration that consists, wholly or partly of non-cash consideration.

"(2) The notice must set out, in relation to the first-mentioned consideration or each such alternative consideration, as the case may be, particulars of the non-cash consideration and:

SCHEDULE 5—continued

  (a) if the company is a public company—a copy of a report that:

         (i) an expert (other than a person associated with the company or with any other proposed party to the proposed agreement) signed within 7 days before the notice was prepared; and

         (ii) sets out what, in his or her opinion, was the money value of the non-cash consideration when he or she signed the report; and

      (iii) complies with section 206kf; or

     (b) otherwise—a copy of a statement that each of the company's directors signed within 7 days before the notice was prepared and that sets out:

         (i) what, in their opinion, was the money value of the non-cash consideration when the statement was first signed by one of them; and

         (ii) what, in their opinion, will be the money value of the non-cash consideration if and when the agreement is entered into and completed.

"(3) If the company is a public company and the opinion of each of 2 or more experts has been sought about the value of non-cash consideration to which a particular report of which a copy is set out under subsection (2) relates, the notice must set out, in relation to each of those experts (other than the one who signed the report):

  (a) his or her name; and

     (b) particulars of the opinions (if any) he or she has expressed about the value of such non-cash consideration.

Expert's opinion about whether consideration fair and reasonable

"206ke. (1) If the company is a public company, the notice must set out a copy of a report that:

     (a) an expert (other than a person associated with the company or with any other proposed party to the proposed agreement) signed within 7 days before the notice was prepared; and

  (b) in relation to:

         (i) the consideration that under the