AI assistant
TUAS LIMITED — Director's Dealing 2024
Oct 30, 2024
65965_rns_2024-10-30_eb395d52-a4ca-4f39-bcba-aa8c013b1941.pdf
Director's Dealing
Open in viewerOpens in your device viewer
==> picture [115 x 51] intentionally omitted <==
31 October 2024
Mr S Roberts Adviser Listings Compliance Australian Securities Exchange Limited
By email: [email protected]
Dear Stuart
ASX Query Appendix 3Y
I refer to your letter emailed to me on 30 October 2024 and respond as follows:
-
The Appendix 3Y was lodged late due to the NSW labour day public holiday on 7 October 2024 and resultant absences during that period.
-
Tuas has arrangements with its directors under which they commit in writing to update the company when there is any change to their notifiable interests as required.
-
We will remind directors of the importance of notifying the company as soon as they complete the relevant trade so as to increase the probability of meeting the 5 business day time period, particular when trading around public holidays.
I trust that adequately responds to your request for information. If you need further information, please let me know.
Yours sincerely
==> picture [73 x 48] intentionally omitted <==
TONY MOFFATT Company Secretary Tuas Limited
Level 4, 68 Waterloo Road, Macquarie Park, NSW 2113, Australia www.tuas.com.au ABN: 70 639 685 975 Tuas Limited
==> picture [455 x 5] intentionally omitted <==
==> picture [33 x 50] intentionally omitted <==
30 October 2024
Reference: 102548
Mr Antony Moffatt Company Secretary Tuas Limited Level 12, 680 George St, Sydney NSW 2000
By email: [email protected]
Dear Mr Moffatt
Tuas Limited (‘TUA’): Appendix 3Y – Change of Director’s Interest Notice Query
ASX refers to the following:
-
TUA’s Appendix 3Y lodged on the ASX Market Announcements Platform (‘MAP’) on 9 October 2024 for Mr Craig Linton Levy (the ‘Notice’);
-
Listing Rule 3.19A which requires an entity to tell ASX the following:
-
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.
-
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 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 Levy’s notifiable interest occurred on 30 September 2024. It appears that the Notice should have been lodged with ASX by 7 October 2024. Consequently, TUA may have breached Listing Rules 3.19A and/or 3.19B.
Request for Information
ASX Customer Service Centre 131 279 | asx.com.au
ASX Limited [[Listings]]
10818880v1
==> picture [455 x 5] intentionally omitted <==
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 .
-
Please explain why the Appendix 3Y was lodged late.
-
What arrangements does TUA 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?
-
If the current arrangements are inadequate or not being enforced, what additional steps does TUA 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 9:30 AM AEDT Monday, 4 November 2024 . 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, TUA’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 TUA 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 TUA’s securities under Listing Rule 17.1. If you wish a trading halt, you must tell us:
-
the reasons for the trading halt;
-
how long you want the trading halt to last;
-
the event you expect to happen that will end the trading halt;
-
that you are not aware of any reason why the trading halt should not be granted; and
-
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 TUA’s securities under Listing Rule 17.3.
Listing Rules 3.1 and 3.1A
In responding to this letter, you should have regard to TUA’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 TUA’s obligation
2/3 ASX Customer Service Centre 131 279 | asx.com.au
10818880v1
==> picture [455 x 5] intentionally omitted <==
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
ASX reserves the right to release all or any part of this letter, your reply and any other related correspondence between us to the market under Listing Rule 18.7A.
Yours sincerely
ASX Compliance
3/3 ASX Customer Service Centre 131 279 | asx.com.au