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ALTECH BATTERIES LTD — Director's Dealing 2016
Aug 18, 2016
64444_rns_2016-08-18_b5618ac0-090d-496b-862e-fedb9cc5c6c0.pdf
Director's Dealing
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19 August 2016
ASX Limited Level 40, Central Park, 152-158 St Georges Terrace Perth WA 6000
Attn: Anjuli Sinniah
Dear Anjuli,
RESPONSE TO PRICE QUERY – APPENDIX 3Y LODGEMENT
We refer to your letter dated 18 August 2016 to Altech Chemicals Ltd (ASX: ATC) (“Altech Chemicals” or the “Company”).
The Company responds to the queries in your letter as follows:
- Please explain why the Appendix 3Y was lodged late.
The late lodgement of the Appendix 3Y was due to an administrative oversight and we apologise for this oversight.
- What arrangements does the Company have in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?
The Company Securities Trading Policy clearly sets out the obligations of directors to notify the Company of any changes to their interests in Company securities. Directors are regularly reminded of this obligation and have generally been diligent in their respective compliance with the policy.
- If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B.
The current arrangements have served the Company well, there have been no prior late lodgements of Appendix 3Y’s. The Company believes that the current arrangements are adequate.
Yours sincerely,
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Shane Volk Company Secretary
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Altech Chemicals Limited ASX:ATC ABN 45 125 301 206
Suite 8, 295 Rokeby Road Subiaco, Western Australia 6008 Australia
Telephone: +61 8 6168 1555 Facsimile: +61 8 6168 1551 Website: www.altechchemicals.com
18 August 2016
Mr Shane Volk Company Secretary 8/295 Rokeby Road SUBIACO WA 6008
By email: [email protected]
Dear Mr Volk
Altech Chemicals Limited (the “Company”)
We refer to the following:
The Company’s announcement lodged with ASX Ltd (“ASX”) on 12 August 2016 regarding a change of director’s interest notice for Tunku Yaacob Khyra (“Appendix 3Y”).
Listing rule 3.19A which requires an entity to tell ASX the following:
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3.19A.1 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the following times:
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On the date that the entity is admitted to the official list.
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On the date that a director is appointed.
The entity must complete Appendix 3X and give it to ASX no more than 5 business days after the entity’s admission or a director’s appointment.
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3.19A.2 A change to a notifiable interest of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) including whether the change occurred during a closed period where prior written clearance was required and, if so, whether prior written clearance was provided. The entity must complete Appendix 3Y and give it to ASX no more than 5 business days after the change occurs.
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3.19A.3 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the date that the director ceases to be a director. The entity must complete Appendix 3Z and give it to ASX no more than 5 business days after the director ceases to be a director.
Listing rule 3.19B which states as follows.
An entity must make such arrangements as are necessary with a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) to ensure that the director discloses to the
Level 40, Central Park www.asx.com.au 152-158 St George's Customer service 13 12 79 Terrace Perth WA 6000
ASX Compliance Pty Limited ABN 26 087 780 489
entity all the information required by the entity to give ASX completed Appendices 3X, 3Y and 3Z within the time period allowed by listing rule 3.19.A. The entity must enforce the arrangements with the director.
The Companies Update dated 27 June 2008, reminding listed entities of their obligation to notify ASX within 5 business days of the notifiable interests in securities held by each director and outlining the action that ASX would take in relation to breaches of listings rules 3.19A and 3.19B.
As the Appendix 3Y indicates that a change in Tunku Yaacob Khyra’s notifiable interest occurred on 4 August 2016 it appears that the Company may be in breach of listing rules 3.19A and/or 3.19B.
Please note that ASX is required to record details of breaches of the listing rules by listed companies for its reporting requirements.
ASX reminds the Company of its contract with ASX to comply with the listing rules. In the circumstances ASX considers that it is appropriate that the Company make necessary arrangements to ensure there is not a reoccurrence of a breach of the listing rules.
Having regard to listing rules 3.19A and 3.19B and Guidance Note 22: “Director Disclosure of Interests and Transactions in Securities - Obligations of Listed Entities”, we ask that you answer each of the following questions.
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Please explain why the Appendix 3Y was lodged late.
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What arrangements does the Company have in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?
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If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?
Your response should be sent to me by e-mail to [email protected]. It should not be sent to ASX Market Announcements.
A response is requested as soon as possible and, in any event, not later than 4:00 pm WST on Friday 19 August 2016.
Under listing rule 18.7A, a copy of this query and your response will be released to the market, so your response should be in a form suitable for release and must separately address each of the questions asked. If you have any queries or concerns, please contact me immediately.
Yours sincerely,
[sent electronically without signature]
Anjuli Sinniah
Adviser, Listings Compliance (Perth)
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