Corporations Act. Australia

Corporations Act - Australia


Скачать книгу
in relation to financial products, in relation to a financial market, includes:

      (a) make or accept on that financial market an offer to dispose of, acquire or exchange the financial products; and

      (b) make on that financial market an offer or invitation that is intended, or may reasonably be expected, to result in the making or acceptance of an offer to dispose of, acquire or exchange the financial products.

      trading day of a financial market means a day on which the market is open for trading in financial products.

      transaction, in Part 5.7B, in relation to a body corporate or Part 5.7 body, means a transaction to which the body is a party, for example (but without limitation):

      (a) a conveyance, transfer or other disposition by the body of property of the body; and

      (b) a security interest granted by the body in its property (including a security interest in the body’s PPSA retention of title property); and

      (c) a guarantee given by the body; and

      (d) a payment made by the body; and

      (e) an obligation incurred by the body; and

      (f) a release or waiver by the body; and

      (g) a loan to the body;

      and includes such a transaction that has been completed or given effect to, or that has terminated.

      transmission means a transmission, by means of electric or electromagnetic energy, of:

      (a) sounds, including speech and music; or

      (b) visual images; or

      (c) signals for the communication, whether as between persons and persons, persons and things or things and things, of any matter otherwise than in the form of sounds or visual images; or

      (d) signals for the actuation or control of machinery or apparatus.

      transparency, in relation to a document, means:

      (a) a developed negative or positive photograph of that document (in this definition called an original photograph) made, on a transparent base, by means of light reflected from, or transmitted through, the document; or

      (b) a copy of an original photograph made by the use of photo‑sensitive material (being photo‑sensitive material on a transparent base) placed in surface contact with the original photograph; or

      (c) any one of a series of copies of an original photograph, the first of the series being made by the use of photo‑sensitive material (being photo‑sensitive material on a transparent base) placed in surface contact with a copy referred to in paragraph (b), and each succeeding copy in the series being made, in the same manner, from any preceding copy in the series.

      transparency reporting auditor has the meaning given by subsection 332(1).

      transparency reporting year has the meaning given by subsection 332(2).

      Tribunal means the Administrative Appeals Tribunal.

      ultimate holding company, in relation to a body corporate, means a body corporate that:

      (a) is a holding company of the first‑mentioned body; and

      (b) is itself a subsidiary of no body corporate.

      unclaimed property means:

      (a) property paid or transferred to ASIC under a provision of this Act that provides for property to be transferred, or for the Court to direct that property be transferred, to ASIC to be dealt with under Part 9.7; or

      (b) any other property that a provision of this Act provides for ASIC to deal with under Part 9.7; or

      (c) property that vests in ASIC under section 1404; or

      (d) an accretion to, or substitution for, property that is unclaimed property because of any other application or applications of this definition.

      uncommercial transaction has the meaning given by section 588FB.

      underlying securities means:

      (a) in relation to an option over securities — those securities; and

      (b) in relation to scrip that is constituted by documents that are, or are documents of title to, securities — those securities.

      undertaking, in relation to a managed investment scheme, means the undertaking, scheme, enterprise, contract or arrangement to which the scheme relates.

      underwrite includes sub‑underwrite.

      unfair loan has the meaning given by section 588FD.

      unfair preference has the meaning given by section 588FA.

      unit, in relation to a share, debenture or other interest, means a right or interest, whether legal or equitable, in the share, debenture or other interest, by whatever term called, and includes an option to acquire such a right or interest in the share, debenture or other interest.

      unlimited company means a company whose members have no limit placed on their liability.

      unlisted disclosing entity has the meaning given by subsection 111AL(2).

      unreasonable director‑related transaction has the meaning given by section 588FDA.

      unsecured, in relation to a debt, has in Part 5.7B a meaning affected by section 588D.

      value, in relation to an asset, includes amount.

      voting interest, in relation to a managed investment scheme, means an issued interest in the scheme that confers a right to vote, not being a right to vote that is exercisable only in one or more of the following circumstances:

      (a) on a proposal that affects rights attached to the interests;

      (b) on a proposal to wind up the scheme;

      (c) on a proposal for the disposal of the whole of the scheme property, business and undertaking;

      (d) during the winding up of the scheme.

      voting power in a body or managed investment scheme has the meaning given by section 610.

      voting share in a body corporate means an issued share in the body that carries any voting rights beyond the following:

      (a) a right to vote while a dividend (or part of a dividend) in respect of the share is unpaid;

      (b) a right to vote on a proposal to reduce the body’s share capital;

      (c) a right to vote on a resolution to approve the terms of a buy‑back agreement;

      (d) a right to vote on a proposal that affects the rights attached to the share;

      (e) a right to vote on a proposal to wind the body up;

      (f) a right to vote on a proposal for the disposal of the whole of the body’s property, business and undertaking;

      (g) a right to vote during the body’s winding up.

      wages, in relation to a company, means amounts payable to or in respect of an employee of the company (whether the employee is remunerated by salary, wages, commission or otherwise) under an industrial instrument, including amounts payable by way of allowance or reimbursement but excluding amounts payable in respect of leave of absence.

      wholly‑owned subsidiary, in relation to a body corporate, means a body corporate none of whose members is a person other than:

      (a) the first‑mentioned body; or

      (b) a nominee


Скачать книгу