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AUSMON RESOURCES LIMITED — Director's Dealing 2020
Dec 22, 2020
64392_rns_2020-12-22_b5b9a127-1aea-45bf-9c16-df5b5cb1e3d6.pdf
Director's Dealing
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23 December 2020
ASX Limited Listings Compliance (Sydney) Reference: ODIN29183
By email: [email protected]
Attention: Lin Kang – Adviser
Dear Ms Kang
Ausmon Resources Limited (‘AOA’): Appendix 3Y – Change of Director’s Interest Notice Query
We refer to the letter of 23 December 2020 from ASX Limited and advise as follows to the questions:
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Mr Patkin advised and emailed a copy of his off-market transfer of shares to the Company Secretary this morning due to his oversight amid Covid-19 concerns last week.
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All the Directors are aware of their disclosure obligations with regards to their interests and any changes to those interests in the securities of the Company and they have consistently satisfied those obligations by reporting to the Company Secretary as required so that the listing rules are complied with.
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The current arrangements are adequate for the Company to ensure compliance with listing rule 3.19B.
Yours faithfully
Eric Sam Yue
Company Secretary
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AUSMON RESOURCES LIMITED ABN 88 134 358 964 ‘World Tower” Suite 1312, 87-89 Liverpool Street, Sydney NSW 2000 Australia. PO BOX 20188 World Square, NSW 2002 Australia
Tel: 61 2 9264 6988 Fax: 61 2 9283 7166 Email: [email protected] www.ausmonresources.com.au ASX code: AOA
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23 December 2020
Reference: ODIN29183
Mr Eric Yue Company Secretary Ausmon Resources Limited World Tower Suite 1312 87-89 Liverpool Street Sydney NSW 2000
By email
Dear Mr Yue
Ausmon Resources Limited (‘AOA’): Appendix 3Y – Change of Director’s Interest Notice Query
ASX refers to the following:
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AOA’s Appendix 3Y lodged on the ASX Market Announcements Platform (‘MAP’) on 23 December 2020 for Mr Boris Patkin (the ‘Notice’);
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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.
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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.
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.
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 that:
‘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 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 Notice indicates that a change in Mr Patkin’s notifiable interest occurred on 15 December 2020. It appears that the Notice should have been lodged with ASX by 22 December 2020. Consequently, AOA may have breached Listing Rules 3.19A and/or 3.19B.
ASX Customer Service Centre 131 279 | asx.com.au
ASX Limited [[Listings]]
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Request for Information
Under Listing Rule 18.7, we ask that you answer each of the following questions 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 .
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Please explain why the Appendix 3Y was lodged late.
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What arrangements does AOA have in place under Listing Rule 3.19B 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 AOA intend to take to ensure compliance with Listing Rule 3.19B?
When and where to send your response
This request is made under Listing Rule 18.7. Your response is required as soon as reasonably possible and, in any event, by no later than 9 AMAEDT Wednesday, 30 December 2020 . You should note that if the information requested by this letter is information required to be given to ASX under Listing Rule 3.1 and it does not fall within the exceptions mentioned in Listing Rule 3.1A, AOA’s obligation is to disclose the information ‘immediately’. This may require the information to be disclosed before the deadline set out in the previous paragraph and may require AOA to request a trading halt immediately.
Your response should be sent to me by e-mail at [email protected] . It should not be sent directly to the ASX Market Announcements Office. This is to allow me to review your response to confirm that it is in a form appropriate for release to the market, before it is published on the ASX Market Announcements Platform.
Trading halt
If you are unable to respond to this letter by the time specified above, you should discuss with us whether it is appropriate to request a trading halt in AOA’s securities under Listing Rule 17.1. If you wish a trading halt, you must tell us:
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the reasons for the trading halt;
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how long you want the trading halt to last;
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the event you expect to happen that will end the trading halt;
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that you are not aware of any reason why the trading halt should not be granted; and
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any other information necessary to inform the market about the trading halt, or that we ask for.
We require the request for a trading halt to be in writing. The trading halt cannot extend past the commencement of normal trading on the second day after the day on which it is granted. You can find further information about trading halts in Guidance Note 16 Trading Halts & Voluntary Suspensions .
Suspension
If you are unable to respond to this letter by the time specified above, ASX will likely suspend trading in AOA’s securities under Listing Rule 17.3.
2/3 ASX Customer Service Centre 131 279 | asx.com.au
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Listing Rules 3.1 and 3.1A
In responding to this letter, you should have regard to AOA’s obligations under Listing Rules 3.1 and 3.1A and also to Guidance Note 8 Continuous Disclosure : Listing Rules 3.1 – 3.1B. It should be noted that AOA’s obligation to disclose information under Listing Rule 3.1 is not confined to, nor is it necessarily satisfied by, answering the questions set out in this letter.
Release of correspondence between ASX and entity
We reserve the right to release a copy of this letter, your reply and any other related correspondence between us to the market under Listing Rule 18.7A.
Questions
If you have any questions in relation to the above, please do not hesitate to contact me.
Kind regards
Lin Kang
Adviser, Listings Compliance (Sydney)
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ASX Customer Service Centre 131 279 | asx.com.au