ASIC Corporations (SPIE SA Employee Share Scheme Disclosure) Instrument 2023/761
I, Amanda Zeller, delegate of the Australian Securities and Investments Commission, make the following notifiable instrument.
Amanda Zeller
ASIC Corporations (SPIE SA Employee Share Scheme Disclosure) Instrument 2023/761
I, Amanda Zeller, delegate of the Australian Securities and Investments Commission, make the following notifiable instrument.
Amanda Zeller
1 Name of notifiable instrument
This is the ASIC Corporations (SPIE SA Employee Share Scheme Disclosure) Instrument 2023/761.
This instrument commences on the day after it is registered on the Federal Register of Legislation.
Note: The register may be accessed at www.legislation.gov.au.
This instrument is made under subsection 1100ZK(2) of the Corporations Act 2001.
In this instrument:
Act means the Corporations Act 2001.
FCPE means a collective employee investment vehicle known as a ‘fonds commun de placement d’entreprise’ that is approved by the Autorité des Marchés Financiers in France as a vehicle to make offers of financial products to certain employee participants (including any fonds commun de placement d’entreprise that is formed on a temporary basis).
SPIE Group means SPIE SA and all subsidiaries of SPIE SA which are controlled by SPIE SA and included in the scope of consolidation of SPIE SA’s financial statements.
SPIE for You FCPE means the FCPE:
(a) that holds or will hold shares in SPIE SA; and
(b) units in which are offered to SPIE Group employees in the SPIE Group Savings Plan;
and includes any ‘fonds commun de placement d’entreprise’ that is formed on a temporary basis in relation to the SPIE for You FCPE which will merge with the SPIE for You FCPE.
SPIE Group Savings Plan means the SPIE SA plan in which the SPIE for You FCPE has been created and in relation to which shares in SPIE SA will be subscribed for and held by a FCPE.
SPIE SA means SPIE S.A., a company incorporated in France with registration number 532 712 825 and listed on the Euronext Paris exchange.
5 Modified definition of ESS interest
Division 1A of Part 7.12 of the Act applies in relation to:
(a) SPIE SA; and
(b) subsidiaries of SPIE SA as at the date of this instrument; and
(c) CACEIS BANK a French Société Anonyme registered in France under number 692 024 722 (the custodian of the SPIE for You FCPE); and
(d) AMUNDI ASSET MANAGEMENT a French Société par Actions Simplifiée registered in France under number 437 574 452 (the manager of the SPIE for You FCPE); and
(e) AMUNDI ESR a French Société Anonyme registered in France under number 433 221 074 (the administrator of the SPIE for You FCPE unitholders’ accounts, referred to as an account holder in France, which arranges the issue and redemption of units in that FCPE);
in relation to the SPIE for You FCPE as if subsection 1100M(1) were modified or varied by inserting after paragraph (a):
“(ab) a unit in a FCPE (as defined in ASIC Corporations (SPIE SA Employee Share Scheme Disclosure) Instrument 2023/761), where:
(i) substantially all of the assets of the FCPE are fully paid shares in the body corporate and the body corporate is included in the official list of a financial market covered by section 1100K; and
(ii) those shares are in a class that is able to be traded on the financial market;”.
This instrument is repealed at the start of 9 October 2033.