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Corporations Act. Australia
Читать онлайн.Название Corporations Act
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isbn 9785392086429
Автор произведения Australia
Жанр Юриспруденция, право
Издательство Проспект
(a) if, because of Division 1A of Part 5.6, the winding up is taken to have begun on the day when an order that the company or body be wound up was made — the day on which the application for the order was filed; or
(b) otherwise — the day on which the winding up is taken because of Division 1A of Part 5.6 to have begun.
relative, in relation to a person, means the spouse, parent or remoter lineal ancestor, child or remoter issue, or brother or sister of the person.
relevant agreement means an agreement, arrangement or understanding:
(a) whether formal or informal or partly formal and partly informal; and
(b) whether written or oral or partly written and partly oral; and
(c) whether or not having legal or equitable force and whether or not based on legal or equitable rights.
relevant date, in relation to a winding up, means the day on which the winding up is taken because of Division 1A of Part 5.6 to have begun.
Note: Subsection 553(1B) modifies the operation of this definition for debts and claims that arise while a company is under a deed of company arrangement if the deed terminates immediately before the winding up.
relevant financial market, for a listed company, or listed registered scheme, means:
(a) the prescribed financial market on which the company or scheme is listed; or
(b) if the company or scheme is listed on 2 or more prescribed financial markets — each of those markets.
relevant interest, in relation to securities, has a meaning given by sections 608 and 609.
relevant market operator, for a listed company, or listed registered scheme, means:
(a) if there is only one relevant financial market for the company or scheme — the operator of that relevant financial market; or
(b) if there is 2 or more relevant financial markets for the company or scheme — each of the operators of each of those relevant financial markets.
remedial order means an order that:
(a) restrains a person from exercising any voting or other rights attached to securities; or
(b) directs a body corporate not to make or to defer payment of an amount due from the body corporate in respect of securities; or
(c) restrains a person from acquiring securities or an interest in securities; or
(d) directs a person to dispose of, or not to dispose of, securities or interests in securities; or
(e) directs the disposal referred to in paragraph (d):
(i) to be made within a specified time; or
(ii) to be made subject to specified conditions; or
(iii) not to be made to a specified person or persons or to a specified class or classes of persons;
(f) directs a specified person to pay to the body corporate an amount equal to any profit or benefit that the person obtains because of the disposal referred to in paragraph (d); or
(g) vests securities, or an interest in securities, in ASIC; or
(h) directs a body corporate not to register the transfer or transmission of securities; or
(i) cancels securities issued as consideration for offers under a takeover bid; or
(j) declares that an exercise of the voting or other rights attached to securities be disregarded; or
(k) cancels or declares voidable:
(i) an agreement or offer relating to a takeover bid, or a proposed takeover bid; or
(ii) any other agreement or offer in connection with the acquisition of securities or relevant interests in securities;
(l) directs a person to give specified information to the holders of securities of a body corporate; or
(m) directs a body corporate not to issue securities to a person; or
(n) if an order of a kind referred to in paragraphs (a) to (m) is in force in respect of securities — directs the registered holder of the securities to give written notice of the order to any person whom the holder knows to be entitled to exercise a right to vote attached to those securities; or
(o) directs a body corporate to repeal or modify its existing constitution or adopt a particular constitution; or
(p) if a person has failed to comply with a requirement of Chapter 6, 6A, 6B or 6C — directs that person to comply with that requirement.
remuneration of an officer or employee of a corporation. A benefit given to an officer or employee of a corporation is remuneration if and only if the benefit, were it received by a director of the corporation, would be remuneration of the director for the purposes of an accounting standard that deals with disclosure in companies’ financial reports of information about directors’ remuneration. For the purposes of this definition, the following are not officers of a corporation:
(a) a receiver, or receiver and manager, of the property of the corporation;
(b) an administrator of the corporation;
(c) an administrator of a deed of company arrangement executed by the corporation;
(d) a liquidator of the corporation;
(e) a trustee or other person administering a compromise or arrangement made between the corporation and someone else.
remuneration committee has the meaning given by paragraph 206K(2)(b).
remuneration consultant means a person:
(a) who makes a remuneration recommendation under a contract for services with the company to whose key management personnel the recommendation relates; and
(b) who is not an officer or employee of the company.
remuneration recommendation has the meaning given by section 9B.
remuneration report means the section of the directors’ report for a financial year for a listed public company that is included under subsection 300A(1).
renounceable option means an assignable option to have an allotment of shares in a body corporate made to the holder of the option.
Replacement Product Disclosure Statement, when used in a provision outside Chapter 7, has the same meaning it has in Chapter 7.
reproduction, in relation to a document, means a machine‑copy of the document or a print made from a negative of the document.
resolution, in relation to creditors or contributories, means a resolution passed at a meeting of the creditors or contributories.
resolution for voluntary winding up means the special resolution referred to in section 491.
responsible entity of a registered scheme means the company named in ASIC’s record of the scheme’s registration as the responsible entity or temporary responsible entity of the scheme.
responsible officer, in relation to a body corporate that applies for an Australian financial services licence, means an officer of the body who would perform duties in connection with the holding of the licence.
result includes:
(a) when used as a verb — result indirectly; and
(b) when used as a noun — an indirect result.
retention of title clause: property is subject