Australia – ASIC Takeover Bids Guide Reissued

Australia – ASIC Takeover Bids Guide Reissued

On 27 March 2024, AST ASIC reissued regulatory guide on takeover bids.

  • AST ASIC reissued Regulatory guide 9 - takeover bids (RG 9), which is a guide for listed and unlisted entities, their advisers, and investors involved in a takeover bid.
  • In addition, AST ASIC explained that RG 9 superseded previous version of Sep. 2020.
  • Revisions include removal of references to class orders that are no longer in existence.
  • Follows AST ASIC November 2022 proposed remake of class orders re takeovers.

Overview of RG 9

  • RG 9 discusses AST ASIC's regulatory role in relation to takeover bids and how it interprets and administers the requirements of the takeover provisions in ASTCA Ch 6.
  • It explains how AST ASIC exercises its discretionary powers in relation to takeover bids, including the power to exempt from, or modify, the takeover provisions.
  • Specific topics covered include takeover offers; bids for multiple classes; minimum bid price; conditional offers; collateral benefits; bidder's statement; target's statement.
  • In addition, covers supplementary statements; variation of offers; acceptances; joint bids and schemes; non-compliant bids; and includes glossary of key terms at end.