Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 643

Supplementary bidder's statement

If a bidder becomes aware of:

(a)
a misleading or deceptive statement in the bidder's statement; or

(b)
an omission from the bidder's statement of information required by section 636; or

(c)
a new circumstance that:

(i)
has arisen since the bidder's statement was lodged; and
(ii)
would have been required by section 636 to be included in the bidder's statement if it had arisen before the bidder's statement was lodged;
that is material from the point of view of a holder of bid class securities, the bidder must prepare a supplementary bidder's statement that remedies this defect.

Note 1: The bidder must then send and lodge the supplementary bidder's statement in accordance with section 647.

Note 2: Section 670A makes it an offence to give a bidder's statement after the bidder has become aware of a misleading or deceptive statement, omission or new circumstance that is material from the point of view of a holder of securities to whom the statement is given (unless the deficiency is corrected).

Note 3: The power to issue a supplementary bidder's statement is not limited to the situations dealt with in this section.

Note 4: This section applies to a bidder's statement that has already been previously supplemented.


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