CORPORATIONS ACT 2001 - SECT 616 Off - market bids and market bids
CORPORATIONS ACT 2001 - SECT 616
Off - market bids and market bids(1) There are 2 kinds of takeover bid:
(a) an off - market bid (for quoted or unquoted securities); or
(b) a market bid (only available for quoted securities).
Note: Although the prohibition in section 606 is against acquiring relevant interests in voting shares, a takeover bid may be made for any securities (for example, as a preliminary to compulsorily acquiring securities in that class under Part 6A.1).
(2) The following table shows where to find the provisions dealing with the main features of the offers that may be made under off - market bids and market bids and the procedures to be followed:
[signpost table] | ||||
| Feature | Off - market bid | ||
1 | 617(1) - (2) | 617(3) | ||
2 | securities covered | 618(1) - (2) | 618(3) | |
3 | consideration offered for the securities | 621(1), (3) - (5) and 651A | 621(2), (3) - (5) | |
4 | escalation agreements and collateral benefits not allowed | 622 and 623 | 622 and 623 | |
5 | 624(1) - (2) and 650C | 624(1) - (2) and 649C | ||
6 | 625(2) - (3) and 626 - 630 | 625(1) | ||
7 | procedure to be followed in making bid | 632 and 633 | 634 and 635 | |
8 | 650E and 653A - 653B | - | ||