New Zealand Legislation: Regulations

11 Australian issuer must give notice to Registrar

• (1) The Australian issuer must, before making the offer, give a notice to the Registrar that complies with subclause (3).

  (2) The notice, when received by the Registrar, also serves as the opt-in notice referred to in section 73(2) of the Act.

  (3) The notice must—

  • (a) state that the Australian issuer intends to make an offer in accordance with these regulations; and

  • (b) specify the securities to be offered; and

  • (c) specify the proposed offer period for each of—

    • (i) the offer of the securities in New Zealand; and

    • (ii) the offer of the securities in Australia; and

  • (d) state the full name and address in New Zealand of 1 or more persons resident or incorporated in New Zealand who are authorised to accept service in New Zealand at that address of documents on behalf of the Australian issuer; and

  • (e) state that the Australian issuer submits to the jurisdiction of the courts of New Zealand; and

  • (f) state the Australian issuer's New Zealand overseas issuer registration number (if any); and

  • (g) be accompanied by the documents specified in regulation 12; and

  • (h) comply with the requirements of regulation 16.

  (4) In subclause (3)(c), the proposed offer period for the offer of the securities in Australia must include the proposed offer period for the offer of the securities in New Zealand.

  (5) If there is more than 1 Australian issuer of the securities, each Australian issuer who intends to make an offer in accordance with these regulations must give a notice under this regulation.