Identity as a supplementary statement
(1) At the beginning of a supplementary
bidder's or target's statement there must be:
- (a)
- a statement that it is a
supplementary statement; and
- (b)
- an identification of the statement it supplements; and
- (c)
- an identification of any previous supplementary statements lodged with
ASIC in relation to the bid; and
- (d)
- a statement that it is to be read together with the statement it
supplements and any previous supplementary statements.
Approval of supplementary bidder's statement
(2) The copy of the
supplementary bidder's statement that is lodged with ASIC must be approved by:
- (a)
- for a bidder that is a body corporate:
- (i)
- if the consideration offered under the bid is a cash sum onlya
resolution passed by the directors of the bidder; or
- (ii)
- otherwisea unanimous resolution passed by all the directors of the
bidder; or
- (b)
- for a bidder who is an individualthe bidder.
Approval of supplementary target's statement
(3) The copy of a supplementary
target's statement that is lodged with ASIC must be approved by:
- (a)
- if
paragraphs (b) and (c) do not applya resolution passed by the
directors of the target; or
- (b)
- for a target that is under administrationthe liquidator or
administrator; or
- (c)
- for a target that has executed a deed of company arrangement that has not
yet terminatedthe deed's administrator.
Date
(4) A supplementary statement must be dated. The date is the date on
which it is lodged with ASIC.