Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 852DH

Decision on the application

  (1)   ASIC must, by written notice given to the applicant, approve the applicant having a specified percentage of voting power in the body if:

  (a)   ASIC is satisfied the specified percentage is the highest percentage (up to that sought by the applicant) of voting power in the body for which the applicant passes the legitimate control test; and

  (b)   ASIC believes relevant information in the application, or later provided by the applicant, to be correct.

Otherwise, ASIC must, by written notice given to the applicant, refuse such an approval.

  (2)   A notice of approval under subsection   (1) must specify that the approval to have the specified percentage of voting power in the body is in force:

  (a)   for a specified period, which may be extended under section   852DK; or

  (b)   indefinitely from a specified day;

but may be varied under section   852D M or revoked under section   852DN.

Note:   The notice may also specify that the approval is subject to conditions: see subsection   852DL(1).

  (3)   ASIC must give a copy of a notice under subsection   (1) to the body.



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