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GATEWAY MINING LIMITED — Director's Dealing 2016
Aug 7, 2016
64999_rns_2016-08-07_ebaf150f-e6bb-4c73-81b7-e00f9c2dbc78.pdf
Director's Dealing
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3 August 2016
Mr Gary Franklin Company Secretary Gateway Mining Limited Level 8, 210 George Street Sydney NSW 2000
By email: [email protected]
Dear Mr Franklin,
GATEWAY MINING LIMITED (the “Entity”): Appendix 3X and Appendix 3Z – Change of Director’s Interest Notice
We refer to the following;
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The Appendix 3X and 3Z lodged by the Entity with ASX on Tuesday, 02 August 2016 for Mr Gary Franklin and Mr Ian McDonald respectively (the “Director’s Notices”);
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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.
20 Bridge Street Sydney NSW 2000
ASX Compliance Pty Limited ABN 26 087 780 489
www.asx.com.au Customer service 13 12 79
- 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.
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 Appendix 3X and 3Z indicate that a change in the Director’s notifiable interest occurred on 29 April 2016. It appears that the Director’s Notices should have been lodged with ASX by 6 May 2016. Consequently, the Entity may be in breach of listing rules 3.19A and/or 3.19B. It also appears the director concerned may have breached section 205G of the Corporations Act.
Please note that ASX is required to record details of breaches of the listing rules by listed entities for its reporting requirements.
ASX reminds the Entity of its contract with ASX to comply with the listing rules. In the circumstances ASX considers that it is appropriate that the Entity 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 Appendices were lodged late.
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What arrangements does the Entity 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 the Entity intend to take to ensure compliance with listing rule 3.19?
Your response should be sent to me by e-mail at [email protected] . It should not be sent to the ASX Market Announcements Office.
A response is requested as soon as possible and, in any event, not later than half an hour before the start of trading (i.e. before 9.30 a.m. A.E.S.T.) on Friday, 5 August 2016.
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If you have any queries or concerns about any of the above, please contact me immediately.
Yours sincerely
[Sent electronically without signature]
Andrew Kabega Senior Adviser, Listings Compliance (Sydney)
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