Section 205G(1), (3) and (4) Corporations Act 2001 | Listed Company – Director To Notify Market Operator Of Shareholding Etc.


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Section 205G(1), (3) and (4) of the Corporations Act 2001 (Cth) is ‘Listed Company – Director To Notify Market Operator Of Shareholding Etc.’ and is extracted below.

If you require the services of a criminal defence team that specialises in corporate crime and compliance, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our criminal defence lawyers are vastly experienced in advising and representing corporations and individuals who are facing investigations for regulatory issues and proceedings for criminal offences, and our expertise in serious and complex cases means you can rest assured of receiving the most effective legal representation whatever your situation may involve.

The Legislation

Section 205G(1), (3) and (4) of the Corporations Act 2001 (Cth) is Listed Company – Director To Notify Market Operator Of Shareholding Etc. and reads as follows:

Listed Company – Director To Notify Market Operator Of Shareholding Etc.

Notifiable interests

(1)  A director of a listed public company must notify the relevant market operator under subsections (3) and (4) of the following interests of the director:

(a)  relevant interests in securities of the company or a related body corporate;

(b)  contracts:

(i)  to which the director is a party or under which the director is entitled to a benefit; and

(ii)  that confer a right to call for or deliver shares in, debentures of, or interests in a managed investment scheme made available by, the company or a related body corporate.

Note:          Under section 353, ASIC may determine conditions that must be complied with when lodging documents electronically under this subsection.

(3)  The director must notify the relevant market operator within 14 days after each of the following occasions:

(a)  appointment as a director of the company;

(b)  the listing of the company.

Paragraph (a) does not apply to a director who retires and is then reappointed at the same meeting.

Note:          Under section 353, ASIC may determine conditions that must be complied with when lodging documents electronically under this subsection.

Updating notices

(4)  The director must notify the relevant market operator within 14 days after any change in the director’s interests.

Note:          Under section 353, ASIC may determine conditions that must be complied with when lodging documents electronically under this subsection.

The penalties

The maximum penalty for the offence of Listed Company – Director to Notify Market Operator of Shareholdings etc. is:

3 months imprisonment and/or 10 penalty units (a Commonwealth penalty unit is currently $210).

However, it should be kept in mind that maximum penalties are reserved for the most serious cases.

Your legal team will be able to advise you of the essential elements the prosecution would need to prove in order to establish the offence, whether those elements are capable of being established in your particular situation, the most effective and efficient way forward and the likely outcome.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.