For any questions about your Spark Infrastructure securityholdings, please contact BoardRoom Pty Limited (Spark Infrastructure's share registery) by phone on 1300 737 760 (within Australia) or +61 2 9290 9600 (from outside Australia) or by email at enquiries@boardroomlimited.com.au.

Securityholder Services

Ownership Restrictions

Excluded US Persons

Spark Infrastructure securities are subject to ownership restrictions applying to residents of the United States of America as explained below.

Spark Infrastructure securities have not been registered under the US Securities Act or the securities laws of any state or other jurisdiction of the United States. In addition, none of the Spark Infrastructure entities have been registered under the US Investment Company Act of 1940, as amended, in reliance on the exemption provided by section 3(C)(7) thereof.

Accordingly, Spark Infrastructure securities may not be offered, sold or resold in, the United States or to, or for the account or benefit of US Persons except in accordance with an available exemption from, or a transaction not subject to, the registration requirements of the US Securities Act, the US Investment Company Act and applicable United States state securities laws.

If a US Person acquires Spark Infrastructure securities and does not fall into an exception to the ownership restrictions they will be asked to sell their shares within 30 business days or be divested of their Spark Infrastructure securities. Further detail is set out below.

In order to at all times qualify for the exemptions, the provisions of the Spark Infrastructure constitution provides that where a holder is an Excluded US Person:

  • Spark Infrastructure may refuse to register a transfer of Spark Infrastructure securities to that Excluded US Person; and
  • The Excluded US Person may be requested to sell their Spark Infrastructure securities and if they fail to do so within 30 Business Days, to be divested of their Spark Infrastructure securities and to receive the proceeds of sale (net of transaction costs including without limitation any applicable brokerage, stamp duty and other taxes or charges) as soon as practicable after the sale.

In addition, the provisions in the Spark Infrastructure constitution provides that a holder may be required to complete a statutory declaration in relation to whether they (or any person on whose account or benefit it holds Spark Infrastructure securities) are an Excluded US Person. Any holder who does not comply with such a request is an Excluded US Person.

Spark Infrastructure securities are issued on terms under which each holder who is or becomes an Excluded US Person agrees to the above terms and irrevocably appoints Spark Infrastructure as that holder’s agent and attorney to do all acts and things and execute all documents which Spark Infrastructure considers necessary, desirable or reasonably incidental to effect the above actions.

FAQs

For a list of the Frequently Asked Questions about Spark Infratructure, securityholder information, distributions and sustainability and governance, please click on the link below. 

Contact Us

Spark Infrastructure
Level 40, Suite 40.03, Tower One
International Towers Sydney
100 Barangaroo Avenue,
Barangaroo NSW 2000
Australia
Tel: +61 2 9086 3600