Commonwealth Repealed Acts
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This legislation has been repealed.
CORPORATIONS LAW
- SECT 740
Anti-avoidance determinations
- (1)
- ASIC may determine in
writing that a number of different bodies are closely related and that their
transactions should be aggregated for the purposes of this Chapter. If ASIC
does so:
- (a)
- an issue,
sale or transfer of securities in any other bodies is taken to also be an
issue, sale or transfer of the securities of each of the other bodies by those
bodies; and
- (b)
- any money received from an
issue, sale or transfer of securities in any of the bodies is taken to also be
received by each of the other bodies from an issue, sale or transfer of its
own securities.
ASIC must give written notice of the determination to each of the
bodies.
- (2)
- ASIC may determine in
writing that the transactions of a body and of a person who controls the body
should be aggregated for the purposes of this Chapter. If ASIC does so:
- (a)
- an issue of
securities in the body is taken to also be the transfer of the securities by
the controller; and
- (b)
- any money received from an
issue of securities in the body is taken to also be received by the controller
from a transfer of the securities;
and
- (c)
- a sale or transfer of
securities in the body by the controller is taken to also be the issue of the
securities by the body; and
- (d)
- any money received from a
sale or transfer of securities in the body by the controller is taken to also
be received by the body from an issue of the securities.
ASIC must give written notice of the determination to the body and the
controller.
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