Takeovers Act 1993

Takeovers code

23: Takeovers code not to apply in certain cases

You could also call this:

"When the takeovers code doesn't apply to you in certain situations"

Illustration for Takeovers Act 1993

The takeovers code does not apply to you in certain situations. You do not have to follow the code just because you or someone else owns a certain number of financial products in a code company before the code starts. You also do not have to follow the code if you acquire financial products in a code company after the code starts, but only if this happens because of a contract or right you had before the code started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM325864.

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22: Specific provisions applying to takeovers code, or

"Rules for Takeovers in New Zealand"


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23A: Takeovers code does not apply where court order under section 236 of Companies Act 1993, or

"The takeovers code doesn't apply if a court order changes a company's voting rules."

Part 2Takeovers code

23Takeovers code not to apply in certain cases

  1. Nothing in the takeovers code shall require any person to comply with the code—

  2. by reason only of the fact that, on the coming into force of the code, a particular proportion of financial products have been acquired in a code company, whether by that person or any other person, before the code comes into force; or
    1. by reason of the acquisition of financial products in a code company, whether by that person or any other person, on or after the coming into force of the code, if the acquisition arises from the performance of a contractual obligation incurred, or the exercise of a right acquired, before the date on which an approved takeovers code comes into force.
      Notes
      • Section 23(a): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
      • Section 23(a): amended, on , by section 12 of the Takeovers Amendment Act 2010 (2010 No 88).
      • Section 23(b): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
      • Section 23(b): amended, on , by section 12 of the Takeovers Amendment Act 2010 (2010 No 88).
      • Section 23(b): amended, on , by section 20 of the Takeovers Amendment Act 2002 (2002 No 45).