Commonwealth of Australia Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 166.175

Corporate change in a company

Meaning of corporate change

             (1)  There is a corporate change in a company if:

                     (a)  there is a * takeover bid for * shares in the company; or

                     (b)  there is a scheme of arrangement, involving more than 50% of the company's shares, that has been approved by a court; or

                     (c)  there is any other arrangement, involving the acquisition of more than 50% of the company's shares, that is regulated under the Corporations Act 2001 or a * foreign law; or

                     (d)  there is an issue of * shares in the company that results in an increase of 20% or more in:

                              (i)  the issued share capital of the company; or

                             (ii)  the number of the company's shares on issue; or

                     (e)  there is a corporate change in another company which beneficially owns one or more of the following stakes in the first company:

                              (i)  a * voting stake that carries rights to more than 50% of the voting power of the first company;

                             (ii)  a * dividend stake that carries rights to receive more than 50% of any dividends the first company may pay;

                            (iii)  a * capital stake that carries rights to receive more than 50% of any distribution of capital of the first company;

                            (whether the other company owns those stakes directly, or * indirectly through one or more interposed entities).

When a corporate change ends

             (2)  A * corporate change ends :

                     (a)  if paragraph (1)(a) applies (or paragraph (1)(e) applies because of paragraph (1)(a))--at the latest time when a * bid period of the * takeover bid ends; and

                     (b)  if paragraph (1)(b) or (c) applies (or paragraph (1)(e) applies because of paragraph (1)(b) or (c))--when the scheme of arrangement or other arrangement ends; and

                     (c)  if paragraph (1)(d) applies (or paragraph (1)(e) applies because of paragraph (1)(d))--when the offer period for the issue of * shares ends.

Guide to Subdivision 166-E



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