Document ID: chunk:federal_register_of_legislation:C2022A00014:clause:4_1100w:p2
Version: federal_register_of_legislation:C2022A00014
Segment Type: clause
Provision Reference: sch 4 cl 1100W (pt 2/2)
Character Range: 42155–43714

or directs the participant to, any of the following documents (if they exist) that relate to the same class of ESS interests as those being offered:
 (i) a disclosure document prepared under Part 6D.2 in relation to an offer of securities, where that offer was made in the 12 months before the start of the application period;
 (ii) a Product Disclosure Statement prepared under Part 7.9 in relation to an offer of financial products for issue or sale, where that offer was made in the 12 months before the start of the application period; and
 (j) includes any other information prescribed by the regulations for the purposes of this paragraph.

Additional requirement for unlisted bodies corporate
 (3) If the offer is of ESS interests in a body corporate that is not included in the official list of a financial market covered by section 1100K, the ESS offer document must also include the following:
 (a) a statement that the ESS interests may not have any value and that the value of the ESS interests will depend on future events that may not occur;
 (b) if the ESS interests are:
 (i) shares that are not ordinary shares; or
 (ii) units in, incentive rights granted in relation to, or options to acquire, shares that are not ordinary shares;
  a description of the rights that attach to the shares, and how the shares differ from ordinary shares.

Regulations may provide other ways of complying with this section
 (4) An offer also complies with this section if the offer is of a kind prescribed by the regulations for the purposes of this subsection.