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INCOME TAX ASSESSMENT ACT 1936 - SECT 121AJ Demutualisation method 5

INCOME TAX ASSESSMENT ACT 1936 - SECT 121AJ

Demutualisation method 5

  (1)   Under demutualisation method 5 , in connection with the implementation of the demutualisation:

  (a)   all membership rights in the mutual insurance company are extinguished; and

  (b)   shares in the mutual insurance company are issued to another company (the holding company ); and

  (c)   shares (the ordinary shares ) of only one class in:

  (i)   the holding company; or

  (ii)   another company (the ultimate holding company ) of which the holding company is a wholly - owned subsidiary, either directly or through one or more other wholly - owned subsidiaries (each of which is an interposed holding company );

    are either:

  (iii)   issued, at the election of each person in the policyholder/ member group, to the person or to a trustee to sell on behalf of the person; or

  (iv)   issued to a trustee, at the election of each person in the policyholder/member group, to distribute to the person or to sell on behalf of the person; and

  (d)   the trustee sells the ordinary shares and distributes the proceeds of sale to the person, or distributes the ordinary shares to the person; and

  (e)   the ordinary shares are listed within the listing period.

Note:   Other things may also happen in connection with the implementation of the demutualisation.

  (2)   The following diagram shows the main events, where this demutualisation method is used involving an election covered by subparagraph   (1)(c)(iv).

A diagram of Demutualisation method 5, where this demutualisation method is used involving an election covered by section 121AJ(1)(c)(iv)

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