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ASIC Corporations (L’Oréal SA Employee Share Scheme Disclosure) Instrument 2024/296

I, Amanda Zeller, delegate of the Australian Securities and Investments Commission, make the following notifiable instrument.

 

Date  1 May 2024

 

 

Amanda Zeller

 

Contents

Part 1—Preliminary

1 Name of notifiable instrument

2 Commencement

3 Authority

4 Definitions

Part 2—Declaration

7 Modified definition of ESS interest

Part 3—Repeal

8 Repeal

Part 1—Preliminary

1 Name of notifiable instrument

This is the ASIC Corporations (L’Oréal SA Employee Share Scheme Disclosure) Instrument 2024/24-0296.

2 Commencement

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.

3 Authority

This instrument is made under subsection 1100ZK(2) of the Corporations Act 2001.

4 Definitions

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 are formed on a temporary basis).

L’Oréal Employee Share Plan FCPE means an FCPE:

(a)   that holds or will hold shares in L’Oréal SA; and

(b)   units in which are or were offered to L’Oréal Group employees in connection with the L’Oréal Group Savings Plan,

and includes any FCPE that is formed on a temporary basis in relation to the L’Oréal Group Savings Plan, and which will merge with the L’Oréal Employee Share Plan FCPE.

L'Oréal Group means L’Oréal SA and all subsidiaries of L’Oréal SA which are controlled by L’Oréal SA and included in the scope of consolidation of L’Oréal SA’s financial statements.

L’Oréal Group Savings Plan means the L’Oréal SA plan in which the L’Oréal Employee Share Plan FCPE has been created and in relation to which shares of L’Oréal SA will be subscribed for and held by a FCPE.

L’Oréal SA means L’Oréal S.A., a company incorporated in France with registration number 632 012 100 and listed on the Euronext Paris exchange.

Part 2—Declaration

5 Modified definition of ESS interest

Division 1A of Part 7.12 of the Act applies in relation to:

(a) L’Oréal SA; and

(b)  subsidiaries of L’Oréal 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 L’Oréal FCPE); and

(d)         AMUNDI ASSET MANAGEMENT a French Société par Actions Simplifiée registered in France under number 437 574 452 (the manager of the L’Oréal FCPE); and

(e)         AMUNDI ESR a French Société Anonyme registered in France under number 433 221 074 (the administrator of the L’Oréal 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 L’Oréal FCPE as if subsection 1100M(1) of the Act were modified or varied by inserting after paragraph (a):

“(ab) a unit in a FCPE (as defined in ASIC Corporations (L’Oréal SA Employee Share Scheme Disclosure) Instrument 2024/24-0296), 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;”.

 

Part 3—Repeal

6 Repeal

This instrument is repealed at the start of 1 May 2034.