s 309I Regulations: permitted purposes for replacing, etc., offer provisions
309I.—(1) The Authority may only make regulations under section 309G(1)(d), (e) or (f) to replace, modify or disapply an offer provision for one or more of the following purposes:(a) to enable a DLB offer of capital markets products to be listed on a prescribed DLB to be made using a prospectus (called a domestic offer document) that contains information that is the same or substantially the same as that which is required to be contained in —(i) a prospectus or other offer document for an offer of the same capital markets products that are listed or to be listed on a prescribed overseas exchange that is paired with the prescribed DLB; or (ii) any registration statement issued in connection with the listing of the same capital markets products on that prescribed overseas exchange, (each called a foreign offer document) by the securities law of the foreign jurisdiction in which that prescribed overseas exchange operates; (b) to enable an OIS offer of capital markets products by a DLB issuer (X) admitted to a prescribed overseas exchange that is paired with the prescribed DLB to which X is admitted, to be made using an offer information statement (also called a domestic offer document) that contains information that is the same or substantially the same as that which is required to be contained in —(i) an offer document for an offer by X of the same capital markets products in the foreign jurisdiction in which that prescribed overseas exchange operates, if such offer were to be made in that foreign jurisdiction; or (ii) any registration statement issued in connection with the listing of those capital markets products on that prescribed overseas exchange, if those capital markets products were to be so listed, (each also called a foreign offer document) by the securities law of that foreign jurisdiction; (c) to align the requirements for the lodgment with, and (where applicable) registration by, the Authority of a domestic offer document, with the corresponding requirements applicable to a foreign offer document; (d) to align the restrictions on an advertisement or publication of a DLB offer or an intended DLB offer of capital markets products to be listed on a prescribed DLB, with restrictions on a similar advertisement or publication of an offer or intended offer of the same capital markets products listed or to be listed on a prescribed overseas exchange that is paired with that prescribed DLB, being restrictions imposed by the securities law of the foreign jurisdiction in which that prescribed overseas exchange operates; (e) to align the restrictions on an advertisement or publication of an OIS offer or intended OIS offer of capital markets products by a DLB issuer (X) admitted to a prescribed overseas exchange that is paired with the prescribed DLB to which X is admitted, with restrictions on a similar advertisement or publication of an offer or intended offer by X of the same capital markets products in the foreign jurisdiction in which that prescribed overseas exchange operates (if such offer were or were intended to be made in that foreign jurisdiction), being restrictions imposed by the securities law of that foreign jurisdiction; (f) to align or otherwise avoid any inconsistent treatment of any document or information that is incorporated in a domestic offer document and any document or information that is incorporated in a foreign offer document. (2) For the purposes of subsection (1), capital markets products listed or to be listed on one exchange (exchange A) are treated as the same as those listed or to be listed on another exchange (exchange B) if —(a) the capital markets products are sponsored depositary receipts as defined in section 239AA(1); and (b) the sponsored depositary receipts are listed or to be listed on exchange A and the underlying securities of those sponsored depositary receipts are listed or to be listed on exchange B.[Act 12 of 2026 wef 29/06/2026]