Checklist · Mergers & Acquisitions / Private Equity

Substantial holding notice checklist for a stake in a listed entity

A checklist for giving notice when a person begins or ceases to have a substantial holding in a listed body, or moves by 1% or more, including which form to use before and after 4 December 2026.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when a buyer, bidder or existing holder deals in voting shares or interests of a listed company, listed registered scheme or listed notified foreign passport fund, and the holding may cross 5% or move by 1% or more.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may calculate the percentage from the register and the last notice and list the agreements to attach; the lawyer decides whether a notice is required and signs off the form before it is given.

AI may

  • Calculate the person's and associates' votes as a percentage of total votes, from instructions and the last notice
  • List relevant agreements that are in writing and the details of any that are not
  • Diaries the deadline: 2 business days, or 9.30 am on the next trading day if a takeover bid is on and the person becomes aware during the bid period

AI must not

  • Must not decide who is an associate, or whether someone has a relevant interest
  • Must not send the notice to the listed entity, the market operator or ASIC
  • Must not choose the form that applies on or after 4 December 2026 without the lawyer re-reading sections 671B and 671BB

The lawyer checks

  • The 5% test in section 9 is applied to the person and associates, including interests that subsections 609(6), 609(7) and 609(9B) or section 609B would otherwise exclude
  • A movement of at least 1 percentage point from the percentage last disclosed is measured as section 671B(2) states
  • The notice is in the prescribed form current on the day it is given, and is given to the right people and not to ASIC
  • Copies of written relevant agreements are attached and endorsed as true copies, unless the transaction was on a declared financial market

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Mergers & Acquisitions / Private Equity

All precedents for Mergers & Acquisitions / Private Equity · Tasks and AI use in this area