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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 683
Part D statement
683. (1) Where a target company receives a Part C statement served under
subsection 679 (1), the company shall, before the end of 14 days after the day
on which the takeover announcement was made, serve a Part D statement on the
company's home stock exchange.
(2) The Part D statement shall:
(a) be signed by all the directors or by not fewer than 2 directors
authorised to sign the statement by a resolution passed at a meeting
of the directors or, in the case of a company that has only one
director, by that director; or
(b) if the company is in the course of being wound up or is under official
management-be signed by the liquidator or official manager, as the
case may be.
(3) The Part D statement shall not refer to any report made by an expert
(other than a report set out in the Part C statement) unless:
(a) the report is set out in the Part D statement; and
(b) the Part D statement contains or is accompanied by a statement that
the person or each of the persons by whom the report is made consents
to the inclusion of the report in the form and context in which it is
included.
(4) On the day on which a statement that purports to be a Part D statement is
served, the target company shall lodge, and give to the offeror, a copy of the
statement and of every document accompanying the statement.
(5) A Part D statement may contain, in addition to the information referred to
in Part D in section 750, such information (other than information that is
false in a material particular or materially misleading) as the directors, or
the liquidator or official manager, as the case may be, think or thinks fit.
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