Corporations Act. Australia

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СКАЧАТЬ no exemption under section 111AS or 111AT, or modification under section 111AV, covered the entity, or any person as director or auditor of the entity;

      (ii) no exemption under paragraph 741(1)(a), or declaration under paragraph 741(1)(b), relating to a provision that is a disclosing entity provision for the purposes of Division 4 of Part 1.2A covered the entity, or any person as director or auditor of the entity;

      (iii) no order under section 340 or 341 covered the entity, or any person as director or auditor of the entity;

      and, for these purposes, securities are not in different classes merely because of a temporary difference in the dividend, or distribution rights, attaching to the securities or because different amounts have been paid up on the securities.

      contribution plan means a plan in respect of which the following conditions are met:

      (a) regular deductions are made from the wages or salary of an employee or director (the contributor) to acquire financial products that are offered for issue or sale to the contributor under an eligible employee share scheme;

      (b) the deductions are authorised by the contributor in a form which is included in, or accompanies, the disclosure document or the Product Disclosure Statement for the scheme;

      (c) before acquiring the financial products under the scheme, the deductions are held on trust in an account with an Australian ADI that is kept solely for that purpose;

      (d) the contributor may elect to discontinue the deductions at any time;

      (e) if the contributor so elects, the amount of the deductions standing, at that time, to the credit of the account for the contributor, and any interest on that amount, is repaid to the contributor;

      (f) the scheme does not involve the offer to the contributor of a loan or similar financial assistance for the purpose of, or in connection with, the acquisition of the financial products that are offered under the scheme.

      contributory means:

      (a) in relation to a company (other than a no liability company):

      (i) a person liable as a member or past member to contribute to the property of the company if it is wound up; and

      (ii) for a company with share capital — a holder of fully paid shares in the company; and

      (iii) before the final determination of the persons who are contributories because of subparagraphs (i) and (ii) — a person alleged to be such a contributory; and

      (b) in relation to a Part 5.7 body:

      (i) a person who is a contributory by virtue of section 586; and

      (ii) before the final determination of the persons who are contributories by virtue of that section — a person alleged to be such a contributory; and

      (c) in relation to a no liability company — subject to subsection 254M(2), a member of the company.

      control has the meaning given by section 50AA.

      control day, in relation to a controller of property of a corporation, means:

      (a) unless paragraph (b) applies:

      (i) in the case of a receiver, or receiver and manager, of that property — the day when the receiver, or receiver and manager, was appointed; or

      (ii) in the case of any other person who is in possession, or has control, of that property for the purpose of enforcing a security interest — the day when the person entered into possession, or took control, of property of the corporation for the purpose of enforcing that security interest; or

      (b) if the controller became a controller of property of the corporation:

      (i) to act with an existing controller of such property; or

      (ii) in place of a controller of such property who has died or ceased to be a controller of such property;

      the day that is, because of any other application or applications of this definition, the control day in relation to the controller referred to in subparagraph (i) or (ii).

      controller, in relation to property of a corporation, means:

      (a) a receiver, or receiver and manager, of that property; or

      (b) anyone else who (whether or not as agent for the corporation) is in possession, or has control, of that property for the purpose of enforcing a security interest;

      and has a meaning affected by paragraph 434F(b) (which deals with 2 or more persons appointed as controllers).

      convertible note has the same meaning as in Division 3A of Part III of the Income Tax Assessment Act 1936.

      convertible securities: securities are convertible into another class of securities if the holder may have the other class of securities issued to them by the exercise of rights attached to those securities. An option may be a convertible security even if it is non‑renounceable.

      corporation has the meaning given by section 57A.

      corporation/scheme civil penalty provision has the meaning given by section 1317DA.

      Corporations legislation means:

      (a) this Act; and

      (b) the ASIC Act; and

      (c) rules of court made by the Federal Court, the Supreme Court of the Capital Territory, or the Family Court, because of a provision of this Act; and

      (d) rules of court applied by the Supreme Court, or a State Family Court, of a State, or by the Supreme Court of the Northern Territory when exercising jurisdiction conferred by Division 1 of Part 9.6A (including jurisdiction conferred by virtue of any previous application or applications of this paragraph).

      court has the meaning given by section 58AA.

      Court has the meaning given by section 58AA.

      court of summary jurisdiction means any justice or justices of the peace or other magistrate sitting as a court for the making of summary orders or the summary punishment of offences:

      (a) under a law of the Commonwealth or of a State or Territory; or

      (b) by virtue of his or her commission or their commissions.

      creditors’ voluntary winding up means a winding up under Part 5.5, other than a members’ voluntary winding up.

      current market bid price for securities covered by a market bid is the price specified in the announcement of the bid as increased or decreased during the offer period.

      daily newspaper means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other СКАЧАТЬ