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Old Apr 10, 2020, 11:46 pm
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Qantas ownership

Originally Posted by OZFLYER86
the same should apply to Qantas. Aren't they 49% foreign owned ?

How is the 49% rule managed ? eg. if an Australian sells Qantas shares, how on earth does anyone know who is ultimately buying those shares ? Could be some overseas entity.
I think it was about 35% at last check - Qantas are required to keep tabs on it.
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Old Apr 11, 2020, 12:19 am
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Originally Posted by OZFLYER86
the same should apply to Qantas. Aren't they 49% foreign owned ?

How is the 49% rule managed ? eg. if an Australian sells Qantas shares, how on earth does anyone know who is ultimately buying those shares ? Could be some overseas entity.
You'll need to be registered (HIN or similar) to buy stock on the ASX. So they know who holds it and where they are located.

How they prevent it from going over 49% I'm not sure.
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Old Apr 11, 2020, 7:55 am
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Originally Posted by CPMaverick
You'll need to be registered (HIN or similar) to buy stock on the ASX. So they know who holds it and where they are located.

How they prevent it from going over 49% I'm not sure.
but surely a foreign entity could own or control an australian entity ?
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Old Apr 11, 2020, 2:18 pm
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Originally Posted by OZFLYER86
but surely a foreign entity could own or control an australian entity ?
Not if it’s classed as an essential entity, which is why the Qantas Sale Act legislated for the privatisation of Qantas at a time when large scale privatisations were deemed to be desirable. It included setting restrictions on foreign ownership meaning:
  • no more than 49% of Qantas can be owned by foreign persons
  • no more than 35% can be owned by a foreign airline
  • no one foreign person own more than 25%
  • no more than one third of the directors can be voted in by those representing foreign shareholdings.
The takeover of Grain Corp by a foreign company was vetoed on similar grounds, being an essential service, by the FIRB
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Old Apr 11, 2020, 6:43 pm
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Originally Posted by markis10
Not if it’s classed as an essential entity, which is why the Qantas Sale Act legislated for the privatisation of Qantas at a time when large scale privatisations were deemed to be desirable. It included setting restrictions on foreign ownership meaning:
  • no more than 49% of Qantas can be owned by foreign persons
  • no more than 35% can be owned by a foreign airline
  • no one foreign person own more than 25%
  • no more than one third of the directors can be voted in by those representing foreign shareholdings.
The takeover of Grain Corp by a foreign company was vetoed on similar grounds, being an essential service, by the FIRB
sorry I should have been clearer.
If ABC owns a majority or 100% of DEF & DEF owns a majority or 100% of GHI & so on ...

If ABC is foreign, but shares are owned by an Australian co way down the line, who knows who owns what ?
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Old Apr 11, 2020, 8:13 pm
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Originally Posted by OZFLYER86
sorry I should have been clearer.
If ABC owns a majority or 100% of DEF & DEF owns a majority or 100% of GHI & so on ...

If ABC is foreign, but shares are owned by an Australian co way down the line, who knows who owns what ?
The government will have visibility of Aussie companies and their share ownership, when it jumps, overseas it will be obvious. And there have been some good examples where they picked up these details when it came to circumventing tax or real estate laws
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Old Apr 11, 2020, 11:38 pm
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Originally Posted by markis10
The government will have visibility of Aussie companies and their share ownership, when it jumps, overseas it will be obvious. And there have been some good examples where they picked up these details when it came to circumventing tax or real estate laws
can't be that hard to hide onwership. Smart accountants don't work for ATO. ATO is always playing catch up.
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Old Apr 12, 2020, 3:45 am
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Originally Posted by CPMaverick
How they prevent it from going over 49% I'm not sure.
QF have to keep an eye on it. If they go over 49% there is a mechanism in the Qantas Sale Act, basically most recent foreign purchasers must sell their shares within a time period when notified by the company secretary. I am sure if there dont there will be a mechanism to force a sale/buy back.
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Old Apr 12, 2020, 7:10 am
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[mod hat] This thread comes from a larger discussion in the VA forum and was moved here. [/mod hat]
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