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ANTEOTECH LTD — Director's Dealing 2010
Oct 25, 2010
64304_rns_2010-10-25_4a334c48-38ed-4f3d-9892-1431844c3b35.pdf
Director's Dealing
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FACSIMILE TRANSMISSION
TO: Kobe Li, Adviser, Issuers (Sydney) COMPANY: ASX Limited FAX No.: (61 2) 9227 0339 EMAIL: [email protected] FROM: Shane Hartwig SUBJECT: Appendix 3Y Late Lodgement - ADO DATE: 26[th] October 2010 No. PAGES: 2
Dear Mr Li,
I refer to your correspondence dated 21[st] October 2010 referring to the Appendix 3Y lodged by the Company on 18[th] October 2010 for Mr Robert Gilmour (the “Notice”).
The Company writes to respond to your queries 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 Notice was lodged late;
Response: The Company lodged the Appendix 3Y on the same day as it received notification of the securities traded. The notification was received late (and subsequently the Appendix 3Y was lodged 1 business day late) due to Mr Robert Gilmour not realising that a previous order had not been completed in full and that further shares had been traded on his behalf.
This combined with Mr Gilmour being away travelling in New Zealand over this time, resulted him not providing the Company Secretary with the information until the 18[th] October 2010.
- 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
Response: The Company has a process in place that requires all Directors to notify the Company Secretary of any transactions (including all details) involving any change of their notifiable interests on the day that these changes occur.
Anteo Diagnostics Limited ABN 78 090 487 273 Unit 4, 26 Brandl Street, Eight Mile Plains Qld 4113 Phone 07 3219 0085 Fax 07 3219 0553 Email [email protected] Web www.anteodx.com
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- If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?
Response: The Company considers the current arrangements to be adequate and note that this late lodgement by 1 business day of the Appendix 3Y was as a result of a communication error between the Director and his broker and compounded by the Director travelling and not accessing his emails.
If you require any further information to enable the assessment of this request please do not hesitate to contact Shane Hartwig on (02) 8823 3152.
Yours Faithfully Anteo Diagnostics Limited
Shane Hartwig Company Secretary
For further information please contact: Dr Geoff Cumming, CEO, Anteo Diagnostics Limited Tel: +612 8823 3110
Anteo Diagnostics Limited ABN 78 090 487 273 Unit 4, 26 Brandl Street, Eight Mile Plains Qld 4113 Phone 07 3219 0085 Fax 07 3219 0553 Email [email protected] Web www.anteodx.com
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ASX Compliance Pty Limited ABN 26 087 780 489 20 Bridge Street Sydney NSW 2000 PO Box H224 Australia Square NSW 1215
Telephone 61 2 9227 0656 Facsimile 61 2 9241 7620 www.asx.com.au
21 October 2010
Mr. Shane Hartwig Company Secretary Unit 4, 26 Brandl Street Eight Mile Plains QLD 4113
Dear Shane,
Anteo Diagnostics Limited (the “Company ”)
We refer to the following;
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The Appendix 3Y lodged by the Company with ASX Limited (“ASX”) on 18 October 2010 for Mr. Robert Gilmour (the “Notice”).
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Listing rule 3.19A.2 which requires an entity to tell ASX the following:
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). The entity must complete Appendix 3Y and give it to ASX no more than 5 business days after the change occurs.
- 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 listings rules 3.19A and 3.19B.
The Notice indicates that a change in Mr. Robert Gilmour’s notifiable interests occurred on 8 October 2010. It appears that the Directors’ Notice should have been lodged with ASX by 15 October 2010. Consequently, 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.
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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:
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Please explain why the Notice were lodged late.
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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?
-
3 If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?
Your response should be sent to me by e-mail at [email protected] or by facsimile on facsimile number (02) 9241 7620 . 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 half an hour before the start of trading ( i.e. before 9.30 a.m. A.E.S.T. ) on Wednesday, 27 October 2010 .
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 form suitable for release and should separately address each of the questions asked. If you have any queries or concerns, please contact me immediately.
Yours sincerely
[sent electronically without signature]
Kobe Li Adviser, Issuers (Sydney)