Definitions
4 Definitions
In this instrument:
Act means the Corporations Act 2001.
Division 3 asset has the same meaning as in subregulation 1.0.02(1) of the Regulations.
Division 3 rights has the same meaning as in subregulation 1.0.02(1) of the Regulations.
excluded person, in relation to an offer under a renounceable rights issue, means a person who resides in a jurisdiction where, in the reasonable opinion of the body or responsible entity, it is not lawful or practicable to make the offer as at the time of the offer.
Regulations means the Corporations Regulations 2001.
renounceable rights issue means:
an offer of a body's securities for issue in respect of which the following conditions are met:
the securities being offered for issue are in a particular class;
the offer is made to every person (other than an excluded person) who holds securities in that class to issue them, or their assignee, with the percentage of the securities to be issued that is the same as the percentage of the securities in that class that they hold before the offer;
under the terms of the offer, the rights to acquire, by way of issue, the securities can be sold or transferred to another person; or
an offer of a interests in a managed investment scheme for issue in respect of which the following conditions are met:
the interests being offered for issue are in a particular class;
the offer is made to every person (other than an excluded person) who holds interests in that class to issue them, or their assignee, with the percentage of the interests to be issued that is the same as the percentage of the interests in that class that they hold before the offer;
under the terms of the offer, the rights to acquire, by way of issue, the interests can be sold or transferred to another person.
rights renunciation form means:
Form 5, 6, 7 or 8 in Schedule 2A to the Regulations or a form that is substantially similar to one of those Forms; or
a notification form informing holders of Division 3 assets of their individual entitlement to acquire a specified number of Division 3 assets under a renounceable rights issue.
Part 2-Exemption
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