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ARTICLE · 09 JULY 2013

ASIC's new takeovers policies

ASIC has released a major update of its policies and Class Orders relating to mergers and acquisitions.

AustraliaCorporate/Commercial Law

Key Points:

ASIC has taken the opportunity to set out some new policy positions with respect to takeovers.

ASIC has released a major update of its policies and Class Orders relating to mergers and acquisitions.

As well as updating its policies to reflect legislative changes since 1999, ASIC has taken the opportunity to set out some new policy positions. Most of these were flagged in the Consultation Paper which the Commission released late last year. The final policies largely reflect those proposals, albeit with some changes.

Substantial holding notices

The requirement to lodge a substantial holding notice is the Chapter 6 provision most commonly encountered by shareholders, even if they're not contemplating a takeover bid. ASIC's revised policy on substantial holding only makes one significant change to that process.

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