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s 289

Share offers to which Division applies

In force
Part 11Restrictions on the acquisition of interests in co‑operatives
Division 2Restrictions on certain share offers

289 Share offers to which Division applies

(1)

This Division applies to the following offers to purchase shares in a co‑operative —

(a)

an offer made as part of a proposal for, or that is conditional on, the sale of the undertaking or part of the undertaking, as a going concern, of the co‑operative;

(b)

an offer made as part of a proposal for, or that is conditional on, the registration of the co‑operative as a company under the Corporations Act;

(c)

an offer made as part of a proposal for, or that is conditional on, the winding‑up of the co‑operative;

(d)

an offer that would result in a contravention of section 278 were the offeror to be registered, immediately after the offer is made, as the holder of the shares that are the subject of the offer;

(e)

an offer that would lead to the offeror having a substantial share interest in the co‑operative, or to a substantial change taking place in a substantial share interest the offeror has in the co‑operative, were the offeror to be registered (immediately after the offer is made) as the holder of the shares that are the subject of the offer.

(2)

In subsection (1)(e), substantial share interest and substantial change have the same meanings as they have in section 276.

[Section 289 amended: No. 7 of 2016 s. 98.]

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