Corporations Act. Australia

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СКАЧАТЬ paid or transferred to ASIC under a provision of this Act that provides for property to be transferred, or for the Court to direct that property be transferred, to ASIC to be dealt with under Part 9.7; or

      (b) any other property that a provision of this Act provides for ASIC to deal with under Part 9.7; or

      (c) property that vests in ASIC under section 1404; or

      (d) an accretion to, or substitution for, property that is unclaimed property because of any other application or applications of this definition.

      uncommercial transaction has the meaning given by section 588FB.

      underlying securities means:

      (a) in relation to an option over securities — those securities; and

      (b) in relation to scrip that is constituted by documents that are, or are documents of title to, securities — those securities.

      undertaking, in relation to a managed investment scheme, means the undertaking, scheme, enterprise, contract or arrangement to which the scheme relates.

      underwrite includes sub‑underwrite.

      unfair loan has the meaning given by section 588FD.

      unfair preference has the meaning given by section 588FA.

      unit, in relation to a share, debenture or other interest, means a right or interest, whether legal or equitable, in the share, debenture or other interest, by whatever term called, and includes an option to acquire such a right or interest in the share, debenture or other interest.

      unlimited company means a company whose members have no limit placed on their liability.

      unlisted disclosing entity has the meaning given by subsection 111AL(2).

      unreasonable director‑related transaction has the meaning given by section 588FDA.

      unsecured, in relation to a debt, has in Part 5.7B a meaning affected by section 588D.

      value, in relation to an asset, includes amount.

      voting interest, in relation to a managed investment scheme, means an issued interest in the scheme that confers a right to vote, not being a right to vote that is exercisable only in one or more of the following circumstances:

      (a) on a proposal that affects rights attached to the interests;

      (b) on a proposal to wind up the scheme;

      (c) on a proposal for the disposal of the whole of the scheme property, business and undertaking;

      (d) during the winding up of the scheme.

      voting power in a body or managed investment scheme has the meaning given by section 610.

      voting share in a body corporate means an issued share in the body that carries any voting rights beyond the following:

      (a) a right to vote while a dividend (or part of a dividend) in respect of the share is unpaid;

      (b) a right to vote on a proposal to reduce the body’s share capital;

      (c) a right to vote on a resolution to approve the terms of a buy‑back agreement;

      (d) a right to vote on a proposal that affects the rights attached to the share;

      (e) a right to vote on a proposal to wind the body up;

      (f) a right to vote on a proposal for the disposal of the whole of the body’s property, business and undertaking;

      (g) a right to vote during the body’s winding up.

      wages, in relation to a company, means amounts payable to or in respect of an employee of the company (whether the employee is remunerated by salary, wages, commission or otherwise) under an industrial instrument, including amounts payable by way of allowance or reimbursement but excluding amounts payable in respect of leave of absence.

      wholly‑owned subsidiary, in relation to a body corporate, means a body corporate none of whose members is a person other than:

      (a) the first‑mentioned body; or

      (b) a nominee of the first‑mentioned body; or

      (c) a subsidiary of the first‑mentioned body, being a subsidiary none of whose members is a person other than:

      (i) the first‑mentioned body; or

      (ii) a nominee of the first‑mentioned body; or

      (d) a nominee of such a subsidiary.

      winding up by the Court includes winding up in insolvency.

      wound up by the Court includes wound up in insolvency.

      9AA Certain family relationships

      For the purposes of this Act, relationships (including the relationship of being family) are taken to include:

      (a) relationships between de facto partners (within the meaning of the Acts Interpretation Act 1901); and

      (b) relationships of child and parent that arise:

      (i) if someone is an exnuptial or adoptive child of a person; or

      (ii) if someone is the child of a person because of the definition of child in this Act; and

      (c) relationships traced through relationships referred to in paragraphs (a) and (b).

      9A Meaning of rights issue

      (1) A rights issue is an offer of a body’s securities for issue in respect of which the following conditions are met:

      (a) the securities being offered for issue are in a particular class;

      (b) either:

      (i) the offer is made to every person who holds securities in that class to issue them, or their assignee, with the percentage of the securities to be issued that is the same as the percentage of the securities in that class that they hold before the offer; or

      (ii) if the conditions in subsection (3) are met — such an offer is made to every person with a registered address in Australia or New Zealand who holds securities in that class;

      (c) the terms of each offer are the same.

      (2) A rights issue is an offer of interests in a managed investment scheme for issue in respect of which the following conditions are met:

      (a) the interests being offered for issue are in a particular class;

      (b) СКАЧАТЬ