CORPORATIONS ACT 2001
Ch 7 inserted by No 122 of 2001, s 3, Sch 1, Pt 1 (effective 11 March 2002).
As Act No 122 of 2001 repealed Ch 7 and 8 the history notes for Ch 7 use "inserted" and references to the former provisions have been removed.
|PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS
|| View history reference
Pt 7.9 heading amended by No 141 of 2003, s 3, Sch 1 (effective 14 January 2004).
Div 5C inserted by No 155 of 2012, s 3, Sch 1 (effective 18 November 2012).
An information statement for a class of CGS depository interests:
(a) must be:
(i) given to a person, or the person's agent, personally; or
(ii) sent to the person, or the person's agent, at an address (including an electronic address) or fax number nominated by the person or the agent; and
(b) may be printed or be in electronic form.
For the purposes of this section, the information statement is sent to a person at an address if, and only if:
(a) the information statement is sent to the address; and
(i) the envelope or other container in which the information statement is sent; or
is addressed to the person.
(ii) the message that accompanies the information statement;
The information statement may be given or sent to the person's agent only if the agent is not acting as the person's agent in one of the following capacities:
(a) a financial services licensee;
(b) an authorised representative of a financial services licensee;
(c) a person who is not required to hold an Australian financial services licence because the person is covered by:
(i) paragraph 911A(2)(j); or
(ii) an exemption in regulations made for the purposes of paragraph 911A(2)(k); or
(iii) an exemption specified by ASIC for the purposes of paragraph 911A(2)(l);
(d) a person who is required to hold an Australian financial services licence but who does not hold such a licence;
(e) an employee, director or other representative of a person referred to in paragraph (a), (b), (c) or (d).
The regulations may provide for other ways of giving an information statement for a class of CGS depository interests.
The regulations may specify requirements as to the manner in which an information statement for a class of CGS depository interests may be given to a person. The giving of the information statement is not effective unless those requirements are satisfied.
S 1020AK inserted by No 155 of 2012, s 3, Sch 1 (effective 18 November 2012).