How to Apply

As of January 2008, the Board has moved to electronic record keeping for all foreign investment applications (including business proposals).  Please note that submitting applications electronically (via email or fax) improves processing times – it is not necessary to post originals in addition to electronic lodgement. Applications should be emailed to firbapplications@treasury.gov.au or faxed to 02 6263 2940.

Please include each individual element of the application submitted as separate file attachments to the email.  The preferred format for attachments would be as .pdf or .doc files.  Applicants are requested to avoid attaching multiple individual pages as separate picture files. The email message should also include a webpage hyperlink to the appropriate current web addresses of any other material or information relevant to the application.  Separate attachments would include the following:

• covering explanatory letter;
• statutory notice form 25/26/26A; and
• other supporting documents such as company annual reports and financial statements.

The following is a list of requirements for all applications. However, it is not an exhaustive list. As each application is different, other information may be required from the parties. In addition, please see the Notices section of the website for information on which notice may be applicable.

Acquisition of interests in/takeovers of businesses/assets with total assets of (or valued at) $100 million and over:

Parties to the proposal

For both the purchaser and target business

• name
• location of major establishments
• major activities
• major subsidiaries and associated companies
• financial details for the most recent year, namely, total assets, net tangible assets and pre-tax profits (with the most recent financial statements)
• details of Australian/overseas ownership (including identity of ultimate or beneficial owners)
• country of ultimate control of purchaser

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 therefrom

Consideration

• Amounts involved
• Type of funds (equity/loan), source of funds (from overseas associate companies, from Australian capital market, etc)

Reason(s) for the proposal

• From viewpoints of the vendor, target and purchaser

Brief description of the purchaser's future intentions for the business, including amount of development expenditure proposed

Acquisition of interests in/takeovers of businesses/assets with total assets of (or valued at) less than $100 million:

Parties to the proposal

For both the purchaser and target business

• name
• location of major establishments
• major activities
• details of total assets (with relevant balance sheets)
• country of ultimate control of purchaser

Type of proposal

• describe whether it involves shares or assets of an existing business
• if it is a reorganisation of shares/assets or other arrangements within a corporate group
• if it is a rural property, and, if so, the number of hectares, current and proposed use of the property

Consideration and Proposed Expenditure

• Amounts involved including proposed development expenditure, if any.