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FINBAR GROUP LIMITED — Director's Dealing 2009
Sep 2, 2009
64943_rns_2009-09-02_a16f78cc-b163-42af-8f44-54dd82d64a99.pdf
Director's Dealing
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3.SEP.2009 - 16:36 ASX PERTH
NO.934 $P.1/3$

3 September 2009
Mr Nicholas Ono Principal Adviser, Issuers (Perth) ASX Market Supervision Pty Ltd Level 8 Exchange Plaza 2 The Esplanade PERTH WA 6000
Dear Nicholas
RE: Appendix 3Y Director's Interest Notice - Paul Rengel
I refer to your facsimile of even date in respect to an Appendix 3Y lodged on 2 September for Paul Rengel.
In response to your questions using the same point form I advise:
- 1) The Appendix 3Y was lodged within 30 minutes of the receipt of information from Mr Rengel informing the Company that there had been a change to his notifiable interest. Notwithstanding reminders and written policy, Mr Rengel was remiss in informing the Company of the change in his interests within a time that would have allowed the lodgment of an Appendix 3Y in accordance with Listing Rule 3.19A.2. Mr Rengel apologises for this regrettable oversight.
- 2) The Company has a written policy that details the Directors obligation to keep the Company informed of share transactions that could result in a change to their notifiable interests. The Directors are also reminded verbally on the occasions where the Company is aware of imminent notifiable events.
- 3) I believe the current arrangements are adequate and this event is a rare and unfortunate oversight, however I have taken the opportunity write to the Directors and remind them of their obligation to keep the Company informed of their notifiable transactions.
Yours sincerely
Wen PACING
Darren Pateman Director / Secretary
LINBAR GROUP LIMIT D ACN DOB 113 423
Toyot (4, 15) Labourd toro [3d] $0001111111111$ Weistern Australia 0 Br1
PO Box 448 (SOUTHERTH) Woalern Australia GBGT [email protected]
Tologhoma: (6) 8 947 4 44BO Leesigale, (61.8.9471.4458. www.injbar.com.cu)
ASX PERTH


Darren Pateman Company Secretary Finbar Group Limited Level 3, 15 Labouchere Road South Perth WA 6151
By facsimile: 9474 4458
Dear Darren.
J.
Finbar Group Limited (the "Company") - Appendix 3Y - Change of Director's Interest Notice
We refer to the following:
-
- The Appendix 3Y lodged by the Company with ASX Limited ("ASX") on 2 September 2009 for Paul Rengel;
- $2.$ Listing rule 3.19A which requires an entity to tell ASX the following:
- The notifiable interests of a director of the entity (or in the case of a trust, a director of the 3.19A.1 responsible entity of the trust) at the following times.
- On 1 January 2002. $\bullet$
- On the date that the entity is admitted to the official list.
- 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 1 January 2002 or the entity's admission or a director's appointment.
- A change to a notifiable interest of a director of the entity (or in the case of a trust, a director 3.19A.2 of the responsible entity of the trust). 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.
ASX Market Supervision Ptv Ltd ABN 98 008 624 691 Level 8 Exchange Plaza 2 The Esplenade Perth WA 6000
$\frac{1}{2}$
GPO Box D187 Perth WA 6840
Telephone 61 08 9224 0000 Facsimile 61 08 9221 2020 Internet http://www.asx.com.au 3. 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 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 listing rules 3.19A and 3.19B.
As the Appendix 3Y indicated that a change in the director's relevant interests occurred from 21st to 25th August 2009, it appears that the Appendix 3Y should have been lodged with the ASX by 28 August 2009. As the Appendix 3Y was lodged on 2 September 2009, 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:
- $11$ Please explain why the Appendix 3Y was lodged late?
- $2.$ 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?
- If the current arrangements are inadequate or not being enforced, what additional steps does the $3.$ Company intend to take to ensure compliance with listing rule 3.19B?
Your response should be sent to me by email at [email protected] or by facsimile on facsimile number 9221 2020. It should not be sent to the Company Announcements office.
A response is requested as soon as possible and in any event, not later than 5:00 pm W.S.T. on Monday, 7 September 2009.
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 suitable form for release and should separately address each of the questions asked.
If you have any queries or concerns please contact me on 9224 0017.
If you have any queries please let me know.
Yours sincerely
Redit
Nicholas Ona Principal Adviser, Issuers (Perth)