1. Definitions and interpretation
1.1 Definitions The meanings of the terms used in these Rules are set out below.
- the issue of new Shares to;
- the acquisition of Shares for; or
- any combination of the issue of new Shares to or the acquisition of Shares for,
- special crossings, crossings prior to the commencement of the open state or normal trading, overnight crossings, crossings during overnight trade, overseas trades, trades pursuant to the exercise of options, overnight trades and any other trades that are excluded from an ASX volume weighted average price calculation; and
- any trades that the Board determines to exclude on the basis that the trades are not fairly reflective of natural supply and demand.
(a) CBA will record, with respect to each Participant:
(1) the name and address of the Participant (being the name and address in CBA’s share register from time to time); and
(2) the number of Participating Shares held by the Participant from time to time.
(b) CBA’s records in relation to each Participant’s participation in the DRP are conclusive evidence of the matters recorded in them.
(c) Any power, discretion or function of CBA under these Rules may be exercised or undertaken by the Board, and the Board may delegate any such power, discretion or function to one or more persons for such period and on such conditions as it may determine.
(d) Subject to the Constitution, the Board may:
(1) implement the DRP in the manner the Board thinks fit; and
(2) settle any difficulty, anomaly or dispute which may arise either generally or in a particular case in connection with, or by reason of, the operation of the DRP or these Rules as the Board thinks fit, whether generally or in relation to any Shareholder or DRP account or any Shares, and the determination of the Board is conclusive and binding on all relevant Shareholders and other persons to whom the determination relates.
(e) Neither CBA nor any officer, employee, agent or adviser of it is liable or responsible to any Shareholder or Participant for any claim or actual or alleged loss, damage or disadvantage suffered or incurred by them, directly or indirectly, in connection with the DRP, including as a result of the operation of rule 7.
(f) The DRP, its operation and these Rules are governed by the laws of the State of New South Wales and each Shareholder submits to the jurisdiction of the Courts of that State and the Courts which may hear appeals from those Courts.
(g) Despite anything else in these Rules, the Listing Rules prevail to the extent of any inconsistency with these Rules.