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FOREIGN ACQUISITIONS AND TAKEOVERS REGULATION 2015 (SLI NO 217 OF 2015) - REG 42

Exemption certificates for underwriters

             (1)  A foreign person may apply for a certificate under this section if:

                     (a)  the foreign person has a business of underwriting securities; and

                     (b)  the foreign person or any other foreign person proposes to acquire kinds of interests in securities (including securities of land entities); and

                     (c)  that person proposes to acquire the interests for the purposes of, or in the course of, the foreign person's business of underwriting securities.

Note 1:       An acquisition of an interest in securities of a kind specified in the certificate by the foreign person specified in the certificate is generally not a significant action or a notifiable action (see section 58).

Note 2:       See also Part 6 (fees) and section 135 (manner of notification and application) of the Act.

Note 3:       Underwrite includes sub-underwrite (see section 9 of the Corporations Act 2001 ).

             (2)  The Treasurer may give a certificate if the Treasurer is satisfied that acquisitions of those kinds of interests by that foreign person are not contrary to the national interest.

             (3)  The certificate must specify:

                     (a)  the person (who may not yet be incorporated or established) to whom the certificate relates; and

                     (b)  the kinds of interests in securities to which the certificate relates.

Note:          For other things that the certificate may specify, see section 60 of the Act.



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