this is what's required in closing the escrow matter; obviously this is a fact-finding line of questioning which has the intention of opening several more lines of questioning to keep the suspension as prolonged as possible imo
‘We want a detailed explanation and supporting documents showing how the performance shares went
from being legally (and presumably also beneficially) owned by ILBVI to be owned by the persons named
in your spreadsheet …
Without limiting what I said in the underlined passage above, we want to know how, why and when were
the shares transferred from ILBVI to the parties named in your spreadsheet (“transferees”) and for what
consideration. Did it happen while the shares were still performance shares or after they became ordinary
shares? If there was no consideration provided by the transferees to ILBVI for the transfers, why was that
so? Was this a gift from ILBVI to the parties in question? Or was it because ILBVI was already holding the
shares on trust for the transferees or for someone else who directed the shares to be transferred to the
transferees?
We also want a copy of the supporting documentation evidencing the transfers. If, as you suggest in your
email below, it involved a direction to the share registry, then give us a copy of the direction and any other
documents relevant to that direction. For example, ISX must have had some form of authority or instruction
from ILBVI and the transferees in order to give such a direction to its registry. Give us a copy of that
authority or instruction. Further, if ILBVI was holding the shares on trust for the transferees or for someone
else who directed the shares to be transferred to the transferees, then give us a copy of the trust deed.’
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Ann: ASX Update on status of ASX Directions, page-381
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