I would rather leave it to the legal eagles of the MEO team but for those interested in the requirements for an FIRB application the requirements are on the link here:
FIRB HOW TO APPLY - BUSINESS PROPOSALS.
STATUTORY NOTICES
Acquisitions which are subject to the Foreign Acquisitions and Takeovers Act 1975 (the FATA) require a statutory notice to be submitted to FIRB in accordance with the relevant form as prescribed under the Foreign Acquisitions and Takeovers (Notices) Regulations 1975 as follows:
- section 26A notice for acquisitions of interests in Australian urban land;
- section 26 notice for acquisitions of shares in an Australian corporation; or
- section 25 notice for all other acquisitions.
SUPPLEMENTARY INFORMATION
ATTACHMENT B - Acquisitions (including shares and assets) involving existing corporations and businesses;
In addition to the relevant statutory notice (if applicable), proposals involving acquisitions of shares or assets of an Australian corporation or business, or other arrangements resulting in control of an Australian business or corporation, must include the information outlined below.
- A Parties to the proposal
For both the purchaser and target business:
- name;
- major activities and locations;
- major subsidiaries and associated companies;
- a copy of the latest financial statements, which should include total assets, net tangible assets and pre-tax profits;
- details of ownership (including identity of ultimate or beneficial owners); and
- country of ultimate control of purchaser.
- B Type of proposal- Acquisition/issue of shares:
- the number, class and voting rights of shares, including the percentage of the total equity involved.- Acquisition of assets:
- description of the assets involved.- Agreements/arrangements entered into or terminated; alteration of a constituent document:
- full details, supported by copies of appropriate documents or relevant extracts.
- C Consideration
- Amounts involved and the source of the funds.
- D Reason(s) for the proposal- From viewpoints of the vendor, target and purchaser.
- E Brief description of the purchasers future intentions for the business, including amount of development expenditure proposed (if applicable).
I believe the PBR farm-in would come under the Section 25 statutory notice umbrella and can be found by doing a search on this link:
Foreign Acquisitions and Takeovers (Notices) Regulations 1975 - here.
I may be wrong but I cant find a reference to the foreign company requiring registration of a business name in Oz in this case.
I hope this helps.
#:>))
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