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78.0¢ avz minerals limited

Yes I am aware of all that - I was refencing this paragraph from...

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h00ts

46,442 Posts.

8614

21/04/24

12:43

Post #: 73443527
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Originally posted by fooca ↑

The first part of your statement is incorrect .. .. .. .. unlisted public companies have the same disclosure obligations as those on the bourse of the ASX.
re: "Unlisted companies don't have the same disclosure obligations and protections for small shareholders as listed companies do ...(sic)"

The ASX's Listing Rules and Guidance Notes are only an operating extension of the the Corporations Act 2001 (Cath), the Corporations Act being the most commonly recognised governing body by the vast majority of investors is underpinned by acts of parliament.

Just to highlight a couple (IMO most relevant);
~ Legislative Instruments Act 2003
~ Australian Securities and Investment Commission Act 2001 (ASIC Act)
~ Public Governance, Performance and Accountability Act (PGPA Act)

furthermore; but not limited to;

~ Australian Institute of Company Directors;
+ whose mandate is to strengthen society through world-class governance and it also includes as its mission statement
"To be the independent and trusted voice of governance, ......(sic)"

~ Financial Reporting Council;
+ comes under the PGPA Act

~ Corporate Governance Council;
~ Australian Standards Accounting Board; and,

The Company's own;
~ Corporate Governance Statement (June 2023)
~ Constitution (November 2019)
~ Continuous Disclosure Policy (March 2020)
* underpinned by the obligations required by the Corporations Act 2001
~ Communications with Shareholders Policy (March 2020)

AVZ will be automatically delisted from the ASX - Listing Rule 3.4
Automatic removal of entities suspended for an unacceptably long period .. ..
ASX Policy is to remove from the official list:
* an entity that fails to lodge any of the documents referred to in Listing Rule 17.5 for a continuous period of 1 year after the deadline for lodgement of that document,
* an entity whose securities have been suspended from quotation for a continuous period of 2 years,
whichever occurs first. The removal will usually take effect from the open of trading of the first trading day after the expiration of the 1 or 2 year period referred to above. In AVZ's case, this will be Friday 10th May 2024 unless the company can satisfy having an extension granted.

ASX may agree to a short extension of the 1 and 2 year deadlines above for automatic removal if the entity can demonstrate to the ASX's satisfaction that it is in the final stages of implementing a transaction that will lead to the resumption of trading in its securities. For these purposes, being the "final stages" of implementing a transaction means the entity has:
(i) announced the transaction to the market;
(ii) signed definitive legal agreements for the transaction (including any financing required in respect of the transaction)
(iii) not applicable (IMO)
(iv) if the transaction requires approval by security holders or from a government agency or financier, obtained all such approvals.

~ Shareholders rights in connection to receiving correspondence pursuant to Section 110K of the Corporations Act.
* Shareholders should update their details on the Share Registry to be included in electronic communications and ensure details are current.

Do note that premiums to insure directors and officers of the Company went from $516,000 (2022) to $914,000 (2023) ?

cheers
Although I do not own shares in AVZ, my interests is solely as an owner of a company (FFX) as it progresses towards delisting. The time frame for FFX is post (6 weeks) of AVZ's delisting date.

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Yes I am aware of all that - I was refencing this paragraph from this post I made on the subject.

https://hotcopper.com.au/threads/delisting-thread.7932159/page-12?post_id=73169384

Consequences for Delisting

(b)Removal of ASX Listing Rules Protection
The ASX Listing Rules will cease to apply to the Company once delisted and Shareholders will not have the benefit of protections inherent in the ASX Listing Rules. These include restrictions relating to (i) disclosures on issuing of Shares and other Securities (ListingRule3); (ii) ASX corporate governance principles (Listing Rule 4); and (iii)making significant changes to the nature or scale of the Company’s activities (Listing Rule 11).

Last edited by h00ts: 21/04/24

AVZ Price at posting: 78.0¢ Sentiment: None Disclosure: Not Held
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