How to Apply: Existing Corporation or Business 

Section 26A – Form 3 (all non-residential real estate acquisitions)	32KB	522KB
Section 26	29KB	81KB
Section 25	53KB	406KB
How to Apply — Business Proposals [June 2009]	68KB	598KB

In addition to the relevant statutory notice (if applicable), proposals involving acquisitions of shares or assets of an Australian corporation or business, or other arrangements resulting in control of an Australian business or corporation, must include the information outlined below. All applications involving government-related entities must also address the Guidelines for foreign government investment proposals (see Attachment A of the policy).

Please note: acquisitions to which both sections 26 and 26A apply (that is, substantial shareholdings in Australian urban land corporations) do not require two notices – a section 26A notice must be submitted, but it is not necessary to also submit a section 26 notice.

Foreign investment proposals which are not subject to the FATA do not require a statutory notice.

1. Parties to the proposal

For both the purchaser and target business:

• name;
• major activities and locations;
• major subsidiaries and associated companies;
• a copy of the latest financial statements, which should include total assets, net tangible assets and pre‑tax profits;
• details of ownership (including identity of ultimate or beneficial owners); and
• country of ultimate control of purchaser.
2. Type of proposal
• Acquisition/issue of shares:
  • the number, class and voting rights of shares, including the percentage of the total equity involved.
• Acquisition of assets:
  • description of the assets involved.
• Agreements/arrangements entered into or terminated; alteration of a constituent document:
  • full details, supported by copies of appropriate documents or relevant extracts.
3. Consideration
• Amounts involved and the source of the funds.
4. Reason(s) for the proposal
• From viewpoints of the vendor, target and purchaser.
5. Brief description of the purchaser’s future intentions for the business, including amount of development expenditure proposed (if applicable).

 

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