---
title: "Check whether a purchase fits the creep exception"
url: "https://ailawframework.com/practice/mergers-and-acquisitions-private-equity/check-whether-a-purchase-fits-the-creep-exception"
type: "task"
site: "AI Law Framework"
id: "A2-TM20261022-4"
practice_area: "Mergers & Acquisitions / Private Equity"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether a purchase fits the creep exception

> Using voting-power figures the lawyer supplies for today and for the date six months earlier, calculate the percentage-point difference and record whether the lawyer's figures show voting power of at least 19 per cent…

Canonical page: https://ailawframework.com/practice/mergers-and-acquisitions-private-equity/check-whether-a-purchase-fits-the-creep-exception  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Mergers & Acquisitions / Private Equity](https://ailawframework.com/practice/mergers-and-acquisitions-private-equity.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Using voting-power figures the lawyer supplies for today and for the date six months earlier, calculate the percentage-point difference and record whether the lawyer's figures show voting power of at least 19 per cent throughout those six months. Do not calculate voting power from the register. |
| What the lawyer must review | The lawyer calculates voting power, including associates, decides whether section 611 item 9 is available, and decides whether the purchase can proceed without another exception. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Using voting-power figures the lawyer supplies for today and for the date six months earlier, calculate the percentage-point difference and record whether the lawyer's figures show voting power of at least 19 per cent throughout those six months. Do not calculate voting power from the register.
- What the lawyer does: The lawyer calculates voting power, including associates, decides whether section 611 item 9 is available, and decides whether the purchase can proceed without another exception.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Require the lawyer's figure for voting power throughout the six months, not only on the first day. Item 9 asks whether a person had at least 19 per cent throughout that period.
2. Test every person item 9(a) covers. None of them may finish more than 3 percentage points above the voting power they had six months before the acquisition.
3. Do not treat the worksheet as a conclusion that item 9 applies. The lawyer signs off.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Corporations Act 2001 (Cth) s 611 item 9](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s611.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/mergers-and-acquisitions-private-equity/check-whether-a-purchase-fits-the-creep-exception/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*