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Contents of offer information statement under section 277 of Act

Securities and Futures (Offers of Investments) (Securities and Securities-based Derivatives Contracts) Regulations 2018

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—(1) An offer information statement complies with the requirements as to form and content mentioned in section 277(1)(b) of the Act, if the offer information statement complies with all of the following requirements that are applicable:(a)where the offer is an offer of securities or securities-based derivatives contracts that are not units or derivatives of units in a business trust — the offer information statement contains the particulars set out in the Sixteenth Schedule;(b)where the offer is an offer of units or derivatives of units in a business trust — the offer information statement contains the particulars set out in the Eighteenth Schedule;(c)where the person making the offer is the issuer —(i)except in a case mentioned in sub‑paragraph (ii) — the offer information statement is signed by every director or equivalent person of the issuer and every person who is named in the offer information statement as a proposed director or an equivalent person of the issuer; or(ii)in a case where the issuer is the government of a State — the offer information statement is signed by an official of that government who is authorised to sign the offer information statement on its behalf;(d)where the person making the offer is an individual and is not the issuer —(i)except in a case mentioned in sub‑paragraph (ii) —(A)the offer information statement is signed by the person making the offer; and(B)if the issuer is controlled by the person making the offer, by one or more related parties of that person, or by that person and one or more related parties of that person — the offer information statement is signed by every director or equivalent person of the issuer and every person who is named in the offer information statement as a proposed director or an equivalent person of the issuer; or(ii)in a case where the issuer is the government of a State — the offer information statement is signed by the person making the offer;(e)where the person making the offer is an entity (not being the government of a State) and is not the issuer —(i)except in a case mentioned in sub‑paragraph (ii) —(A)the offer information statement is signed by the person making the offer; and(B)if the issuer is controlled by that entity, one or more of its related parties, or that entity and one or more of its related parties — the offer information statement is signed by every director or equivalent person of the issuer and every person who is named in the offer information statement as a proposed director or an equivalent person of the issuer; or(ii)in a case where the issuer is the government of a State — the offer information statement is signed by every director or equivalent person of that entity;(f)where the person making the offer is the government of a State and is not the issuer —(i)except in a case mentioned in sub‑paragraph (ii) —(A)the offer information statement is signed by an official of that government who is authorised to sign the offer information statement on its behalf; and(B)if the issuer is controlled by that government, one or more of its related parties, or that government and one or more of its related parties — the offer information statement is signed by every director or equivalent person of the issuer, and every person who is named in the offer information statement as a proposed director or an equivalent person of the issuer; or(ii)in a case where the issuer is the government of another State — the offer information statement is signed by an official of the government of the firstmentioned State who is authorised to sign the offer information statement on behalf of the government of the firstmentioned State.(2) An offer information statement complies with the requirements as to form and content mentioned in section 277(1AC)(a)(i) of the Act only if the offer information statement contains both —(a)the particulars set out in the Sixteenth Schedule that are applicable to the subsidiary; and(b)the particulars set out in that Schedule that are applicable to the listed entity.(3) The Authority may require any document, report or other material to be filed together with an offer information statement.(4) [Deleted by S 824/2018 wef 19/12/2018](5) A requirement under paragraph (1) for an offer information statement to be signed by a director or an equivalent person is satisfied if the offer information statement is signed — (a)by that director or equivalent person; or(b)by a person who is authorised in writing by that director or equivalent person to sign on behalf of that director or equivalent person.(6) A requirement under paragraph (1) for an offer information statement to be signed by a person named in the offer information statement as a proposed director or an equivalent person (called in this paragraph the named person) is satisfied if the offer information statement is signed —(a)by the named person; or(b)by a person who is authorised in writing by the named person to sign on behalf of the named person.

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