Clause 129

by inserting, immediately after the word “securities” in subsections (1), (3)(a), (4)(a) and (6), the words “or securities‑based derivatives contracts”;

by deleting paragraph (b) of subsection (3) and substituting the following paragraph:“(b)in the case of an offer of securities or securities‑based derivatives contracts other than units or derivatives of units in a business trust, the assets and liabilities, profits and losses, financial position and performance, and prospects of the issuer;”;

by deleting the word “and” at the end of subsection (3)(c);

by deleting paragraph (d) of subsection (3) and substituting the following paragraphs:“(d)in the case of an offer of units of shares or debentures, where —

the person making the offer is or will be required to issue or deliver the relevant units, or meet financial or contractual obligations to the holders of those units; or

an entity which is controlled by one of the following is or will be required to issue or deliver the relevant units, or meet financial or contractual obligations to the holders of those units:

the person making the offer;

one or more of the related parties of the person making the offer;

the person making the offer and one or more of his related parties,the capacity of that person or entity to issue or deliver the relevant securities, or the ability of that person or entity to meet those financial or contractual obligations;

in the case of an offer of securities or securities‑based derivatives contracts being units or derivatives of units in a business trust, where —

the person making the offer is the trustee‑manager of the business trust; or

the trustee-manager of the business trust is controlled by —

the person making the offer;

one or more of the related parties of the person making the offer; or

the person making the offer and one or more of his related parties,the assets and liabilities, profits and losses, financial position and performance of the business trust and of the trustee‑manager, and the prospects of the business trust;

in the case of an offer of securities or securities‑based derivatives contracts being derivatives of units in a business trust issued by an entity (A) other than the trustee‑manager of the business trust, where —

the person making the offer is A; or

A is controlled by —

the person making the offer;

one or more of the related parties of the person making the offer; or

the person making the offer and one or more of his related parties,the assets and liabilities, profits and losses, financial position and performance, and prospects of A; and

in the case of an offer of securities or securities‑based derivatives contracts being derivatives of units in the business trust, where —

the person making the offer is or will be required to issue or deliver the relevant units or derivatives of units, or meet financial or contractual obligations to the holders of those derivatives of units; or

an entity which is controlled by one of the following is or will be required to issue or deliver the relevant units or derivatives of units, or meet financial or contractual obligations to the holders of those derivatives of units:

the person making the offer;

one or more of the related parties of the person making the offer;

the person making the offer and one or more of his related parties,the capacity of that person or entity to issue or deliver the relevant units or derivatives of units in that business trust, or the ability of that person or entity to meet those financial or contractual obligations.”;

by inserting, immediately after subsection (4), the following subsections:“(4A) Subject to any condition or restriction as may be prescribed by regulations made under section 341, the information mentioned in subsection (1) may be incorporated in the prospectus by reference to a document (called in this subsection and subsection (4B) the reference document) lodged with the Authority together with the prospectus.(4B) For the purposes of this Division, the information contained in the reference document is to be regarded as part of the prospectus.”; and

by inserting, immediately after subsection (7), the following subsection:“(8) In subsection (3)(e) —“assets and liabilities, profits and losses, financial position and performance”, in relation to a business trust, means the assets and liabilities, profits and losses, financial position and performance of that business trust derived from the accounting records and other records kept by the trustee-manager of that business trust;“prospects”, in relation to a business trust, means the business and financial prospects anticipated with respect to the operations of the trustee‑manager of the business trust, in its capacity as trustee‑manager of the business trust.”.