(1)
A notice under regulation 49H may not be provided under regulation 49G(2)(e) (and, accordingly, the requirements of regulation 49G(2) are not satisfied) if—
the offer is made within 3 months after a change to the essential nature of the issuer’s business; or
the offer is made within 3 months after a transaction for which the issuer has provided disclosure to the licensed market as if it were listing on that market; or
the offer is made in connection with enabling—
a change to the essential nature of the issuer’s business; or
a transaction for which the issuer will be required to provide disclosure to the licensed market as if it were listing on that market; or
the FMA has, in the 12-month period before the offer is made, made an order under section 474 of the Act in respect of the issuer.
(2)
Regulation 49G is subject to this regulation.
Regulation 49I: inserted, on 1 December 2015, by regulation 12 of the Financial Markets Conduct Amendment Regulations 2015 (LI 2015/276).