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.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Mergers & Acquisitions / Private Equity
- Legal due diligence request list (share or asset acquisition)
- Non-binding indicative offer letter for a share or business acquisition (with binding confidentiality, exclusivity and costs terms)
- Transferring employees schedule for an asset sale: service, leave and redundancy
- Non-binding letter of intent for a stock or asset purchase
- Protocol for AI-assisted due diligence review, with client notice (tools, data-room terms, sampling, sign-off)
- Foreign resident capital gains withholding checklist for a share or asset acquisition
- Share sale completion agenda, deliverables checklist and funds flow (private company)
- Acquisition due-diligence request list (United States private deal)
- AI systems and data warranties and indemnities for a share or asset sale agreement
- Post-completion steps checklist for a share or business acquisition: filings, novations, IP recordals, regulators and integration
- Deal-process mutual nondisclosure agreement
- ACCC merger notification screening worksheet
- Private acquisition closing checklist (United States)
- Vendor disclosure letter against sale agreement warranties
- Clean team protocol for a competitor acquisition
- Scheme of arrangement and takeover bid timetable and deal-protection checklist
- Directors' circulating resolution approving a share sale
- FIRB application information checklist and cover letter
All precedents for Mergers & Acquisitions / Private Equity · Tasks and AI use in this area