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11/08/18
21:32
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Originally posted by Catalogue
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I'm not going to do all the work for you. Just beware what you say is all I am saying. You are leaving your position open for all to see and be it on your own head if you don't get advice.
This below is not my thoughts its something you can easily Google as all of you are doing. Again my advice differs from your opinion.
Association
The concept of ‘association’ in the Corporations Act seeks to ascertain all persons who should be considered as belonging to a single security holding bloc in relation to a company or managed investment scheme.
It is possible for a person to be associated with another person even if they do not also acquire a relevant interest in each other’s shares. Two or more persons will be considered ‘associates’ in relation to a company or managed investment scheme where:
• they are companies belonging to the same corporate group;
• they have entered into a ‘relevant agreement’ (being an agreement, arrangement or understanding) for the purpose of controlling or influencing the composition of the board of the company or of the entity which is the responsible entity of the managed investment scheme or the conduct of the company’s or managed investment scheme’s affairs (where ‘affairs’ is broadly defined to include an entity’s business operations, internal management and the exercise of voting rights attached to its securities) – this is known as the ‘relevant agreement’ test; or
• they are ‘acting or proposing to act in concert’ (ie. with a common purpose and a meeting of the minds) in relation to the company’s or managed investment scheme’s affairs (where ‘affairs’ is broadly defined to include an entity’s business operations, internal management and the exercise of voting rights attached to its securities) – this is known as the ‘acting in concert’ test.
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I'd be careful C, do an analysis of voting over the last couple of years acting in concert has definitely occurred by management and their associates it is very easily proven.
The large PI company that has been working pro bono for the benefit of ALL shareholders have identified instances of non disclosure and many things that are not to the benefit of the company's genuine shareholders.
IMO DYOR