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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS    View history reference

Division 2 - Product Disclosure Statements    View history reference

Subdivision E - Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements    View history reference

SECTION 1015B  SOME STATEMENTS MUST BE LODGED WITH ASIC  

 View history reference

1015B(1)  [Statements to be lodged]  


A copy of a Statement must have been lodged with ASIC (in accordance with the requirements of subsection (2) for consents) before the Statement is given to a person for the purposes of a provision of this Part if:


(a) the following subparagraphs apply:


(i) the financial product is a managed investment product; and

(ii) the Statement states or implies that the product will be able to be traded on a financial market; and

(iii) the Statement meets the requirements set out in section 1013H; or


(b) the financial product is a managed investment product that can be traded on a financial market; or


(c) the financial product is a financial product of a kind specified in regulations made for the purposes of this paragraph.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

[CCH Note: For modified s 1015B(1), see Corporations Regulations Schedule 10BA - Modifications of the Act relating to short-form product disclosure statements, Part 3, item 3.3]

1015B(2)  [Consent for lodgment]  


The lodgment of a Statement with ASIC requires the consent of:


(a) whether it is an issue Statement or a sale Statement:


(i) if the responsible person is a body corporate - every director of the responsible person; or

(ii) otherwise - the responsible person; and


(b) if it is a sale Statement:


(i) if the issuer of the financial product concerned is a body corporate - every director of the issuer; or

(ii) otherwise - the issuer of the financial product concerned.


 



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