FORMAT FOR AN APPLICATION FOR AN EXEMPTION
Give the full name, address and corporate status of the person(s) seeking the exemption.
Describe the transaction for which the exemption is being sought. It would be helpful to give some background to the transaction proposed and then specific details e.g. the parties to the takeover, details of the offer, details of target, etc.
Give the provisions of the Takeovers Code from which the exemption is sought and any conditions of exemption you consider appropriate.
Explain, for each provision of the Takeovers Code from which the exemption is sought, why the exemption is wanted and give full reasons which may justify why it is appropriate that the exemption should be granted and how it is consistent with the principles and objectives of the Takeovers Code. You should also confirm that the provisions of the Code from which you are seeking an exemption are not identical, or similar, to provisions in the Takeovers Act.
Identify any existing exemption notices which are similar to the exemption sought and which may provide a precedent for your application. State how the notices are similar to and different from the exemption you are seeking. |
Describe how your proposed exemption may affect the holders or controllers of securities in the code companies concerned and the relative costs and benefits to you or them of (a) having and (b) not having the exemption.
You need to supply the relevant documents to support your application. These could include the following documents or most recent drafts of:
You should also provide a draft exemption notice and draft statement of reasons that states why the exemption is granted and how this is consistent with the principles and objectives of the Code.
You should specify the date by which a decision is needed. If your application needs urgent consideration, give reasons for this.
If there are any Panel Members you think may be conflicted from considering your application, please state their names, with reasons.
If you would like the Panel to consider:
in the Gazette, you must satisfy the Panel that it is proper to do so on the grounds of commercial confidentiality and include sufficient information for the Panel to make a decision. You must also specify for how long you would like notification deferred.
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| If you wish to receive Code Word in hard copy or by email please contact Catherine Chapman phone (04) 471 7659 or catherine.chapman@sec-com.govt.nz |
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