New Zealand Law Society - Takeovers Panel releases summary of exemptions

Takeovers Panel releases summary of exemptions

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The Takeovers Panel has provided a summary of the terms of temporary class exemptions from the Takeovers Code, following its announcement on 26 March 2020

The Panel announced that it had approved the granting of a suite of temporary class exemptions from the Takeovers Code that are aimed at assisting Code companies in raising capital. These exemptions will apply to capital raisings conducted on or before 31 October 2020, unless extended further.

The exemptions, while approved, will come into force only once an exemption notice has been finalised in accordance with the Takeovers Act 1993. The timing of the exemptions is not currently clear, although the Panel is working to grant the exemptions as soon as possible.

The Panel says that ordinarily it would wait for the terms of the exemption notice to be final before commenting on them.

"However, the Panel is conscious that there are a number of transactions which are currently being considered. As a result, the Panel wishes to keep market informed as to the nature of the exemption relief which has been approved so that it can be factored into the planning of transaction structures.

"Accordingly, the Panel has published a summary of the exemptions to assist in the planning of capital raisings."

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