5
Unless, on application made by you within one month after the date on which this notice is given or within 14 days after a statement is supplied to you under subsection 414(7), the Federal Court of Australia or the Supreme Court of (State or Territory) orders otherwise, the transferee will be entitled and bound subject to subsection 414(7) to acquire your shares:
on the terms on which under the scheme or contract the shares of the approving shareholders are to be transferred to the transferee; or
if alternative terms were offered — on the terms for which you have elected; or
if you have not so elected — on whichever of those terms the transferee determines unless the Court otherwise orders.
Dated
(signature of transferee)
*Omit if not applicable
DIRECTION
Requirements relating to annexures are set out in regulation 1.0.06.
Form 502
(subsection 414(9)(a))
Australian Company Number:
Corporations Act 2001
NOTICE TO REMAINING SHAREHOLDER
1. To
of
A. (insert name of person giving notice, in this form called “the transferee”) The transferee in (insert date) made offers to the holders of shares *in Limited/*included in class of shares in Limited for the transfer of those shares to the transferee, not being offers made under a scheme or contract arising out of the making of takeover offers or a takeover announcement under the law relating to the acquisition of shares; and
B. under the scheme or contract the transferee became an (insert date) beneficially entitled to shares in that company which together with any other shares in that company to which the transferee, or the transferee and any corporation related to the transferee, is beneficially entitled, comprise or include nine‑tenths in nominal value of the shares *in Limited/*included in that class of shares
in Limited; and
C. you are the holder of remaining shares *in that company/*included in that class of shares in that company and have not assented to the scheme or contract or been given notice in respect of those shares by the transferee under subsection 414(2).
2. The transferee gives you notice under subsection 414(9) that under that scheme or contract the transferee on (insert date) become beneficially entitled to shares in Limited and those shares together with any other shares in that company to which the transferee, or the transferee and any corporation related to the transferee, is beneficially entitled, comprise or included nine‑tenths in nominal value of the shares (in that company/*included in that class of shares in that company.
3. You are entitled under subsection 414(9) within 3 months after the date on which this notice is given by notice to the transferee to require the transferee to acquire your shares.
*3. You are entitled under subsection 414(9) within 3 months after the date on which this notice is given to elect by notice to the transferee which of the alternative terms offered to the approving shareholders under the scheme or contract you will accept. The alternative terms are as follows:
4. If you require the transferee to acquire the shares held by you the transferee will be entitled and bound to acquire those shares:
on the terms that under the scheme or contract were offered to the approving shareholders; or
if alternative terms were offered—on the terms for which you have elected;
if you do not so elect
on whichever of the terms the transferee determines or
on such other terms as are agreed or as the Federal Court of Australia or the Supreme Court of` on the application of the transferee or of yourself orders.
Dated
(signature of transferee)
*Omit if not applicable
DIRECTION
Requirements relating to annexures are set out in regulation 1.0.06.
Form 503
(subsection 419A(3))
Corporations Act 2001
NOTICE OF CONTROLLER’S INTENTION NOT TO EXERCISE PROPERTY RIGHTS
To: (name), of (address) , the *owner/*lessor of property (“the specified property”) being:
(name and description of property including, if appropriate, relevant reference numbers and account numbers identifying contracts such as leasing arrangements in relation to that property)
I (name), of (address), the controller of property of (name of corporation) (“the corporation”) give you notice that I do not propose to exercise rights in relation to the specified property as controller of the specified property, whether on behalf of the corporation or anyone else.
Dated
(Controller’s signature)
*Delete if not applicable
1. Under subsection 419A(4) the controller is not liable for rent or other amounts by the corporation in relation to the specified property while this notice in force, but the notice does not affect a liability of the corporation.
2 Under subsection 419A(5), this notice ceases to have effect if the controller:
revokes the notice, by writing to the owner/lessor; or
exercises or purports to exercise a right in relation to the specified property the controller.
Form 509A
(subsection 438C(3))
A.C.N. or A.R.B.N.
Corporations Act 2001
NOTICE TO DELIVER BOOKS OF COMPANY TO THE ADMINISTRATOR
Limited (administrator appointed)
To: (name) of (address)
1. I (name), of (address), the administrator of the company, give you notice under subsection 438C(3) that I require you to deliver to me, at the above address, within (insert number being not less than 3) business days of the date of this notice, the books specified in the Schedule, being books of the company, that are in your possession.
2. Note that under subsection 438C(5), you must comply with this notice except so far as you are entitled as against the company and the administrator, to retain possession of the books.
This Act’s bill:Explanatory statement
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