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Companies Update
6 April 2009
Update no 02/09

Important information for ASX Listed Entities


ASX Company Announcements Office - operating hours on Thursday, 9 April 2009

Company Announcements Office (CAO) will not be closing early on Thursday 9 April 2009. CAO will close at the usual time, 7.30 pm Sydney time, on Thursday, 9 April 2009.

Appendix 3B, Applications for quotation of securities

To assist ASX in processing applications for quotation of securities in an efficient manner, companies are reminded that when they apply for quotation of securities using the Appendix 3B, all relevant parts of the form must be correctly completed.

Please remember that at item 34 on the Appendix 3B, either box (a) or (b) must be ticked. Box (a) is applicable where the company is applying for quotation of newly issued securities, in which case it will have included in the details of those securities in Part 1 of the Appendix 3B. Box (b) is applicable where the company is applying for quotation of securities that already exist, but which have not hitherto been quoted (e.g., restricted securities at the end of the restriction period, partly paid securities that have become fully paid, employee share plan securities that have ceased to be subject to restrictions). Where the company ticks box (b) at item 34, it must also provide the information requested by items 38 to 42.

Where the securities for which the company is applying for quotation are a new class of securities, the information referred to in items 35 to 37 of the Appendix 3B must also be provided.

Negotiations concerning fundraising

ASX would like to take this opportunity to reinforce to listed entities the importance of ensuring that they maintain the confidentiality of their discussions regarding potential fundraising activities prior to making a decision and an announcement about a fundraising. Paragraph 37 of Guidance Note 8 on Continuous Disclosure states:

    ASX accepts that confidentiality is not lost simply because information is given to an entity's advisers, a person with whom the entity is negotiating, or regulatory authorities, if it is to be given on a basis that restricts its use to the stated purpose. However, any release of the information from any source, however inadvertent, will mean that listing rule 3.1A.2 is no longer satisfied.

Please refer generally to paragraphs 28 to 47 of Guidance Note 8 for further guidance on the conditions that must be met in order for an entity to be entitled to rely on the carve-outs in listing rule 3.1A from the continuous disclosure requirement, and an entity's obligation to release information if there is a false market in the entity's securities.

To help keep our Listed Entities informed of information and events ASX will be sending emails to the Company Secretary's Office from time to time. You are receiving this email because you have been identified as a key contact within the Company Secretary's Office at your organisation. If you would like to update your email address please do so via the Directors/Senior Management page on ASX Online for Companies. Feel free to forward this email to any relevant parties within your organisation.