New topic: members' schemes of arrangement
Content updates
The newly published members' schemes of arrangement resources are:
- Practice note: overview, Members' schemes of arrangement. This note provides an overview of schemes of arrangement between a company and its members under Part 5.1 of the Corporations Act 2001 (Cth). It includes discussion of when a scheme of arrangement may be used to effect a control transaction, the requirements for a scheme of arrangement and the process of shareholder and court approval.
- Practice note: overview, Documents for a members' scheme of arrangement. This note provides an overview of the main documents involved for bidders and targets in planning and undertaking a scheme of arrangement.
- Checklist, Steps and timetable for a members' scheme of arrangement. A timeline and overview of the steps involved in a scheme of arrangement, from preliminary actions to be taken before the announcement of the intention to enter into the scheme of arrangement, to scheme implementation.
- A suite of standard form announcements that can be used by target companies listed on the Australian Securities Exchange (ASX) (https://anzlaw.thomsonreuters.com/w-004-1879) throughout the scheme process, as follows:
- ASX announcement: execution of scheme implementation deed, for use on the date of execution of a scheme implementation deed;
- ASX announcement: termination of scheme proposal, for use when a scheme implementation deed or proposal in relation to a scheme of arrangement is terminated;
- ASX announcement: court approval of scheme booklet and meeting for shareholders’ scheme of arrangement, for use following the court's approval of a draft scheme booklet and the convening of a members' meeting to approve a scheme of arrangement;
- ASX announcement: court orders approving a shareholders’ scheme of arrangement, for use on the date that a court makes orders approving a shareholders' scheme of arrangement;
- ASX announcement: scheme of arrangement legally effective, for use to inform the market that the target has lodged with the Australian Securities and Investments Commission a copy of the court orders approving the company's entry into a shareholders' scheme of arrangement; and
- ASX announcement: implementation of scheme of arrangement, for use on the date of implementation of a scheme of arrangement.
Practical Law Corporate is preparing other key scheme documents, including a scheme implementation deed, scheme booklet and scheme of arrangement. These resources will be published to the members' schemes of arrangement topic shortly.