Corporations Act 2001
CCH note - modifying legislative instruments: The application of Pt 6D.2 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (as amended by ASIC Corporations (Amendment) Instrument 2024/554).
For legislative instruments or class orders before 1 January 2022 that affect the application of Pt 6D.2, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note: Division 5 is modified by the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
CCH Note: Section 720 is modified by the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
The lodgment of a disclosure document, or a supplementary or replacement document, for the offer of a body ' s securities requires the consent of:
Consents required for lodgment | [ operative ] | |
Type of offer | People whose consent is required | |
Issue offers | ||
1 | offer of securities for issue (other than an offer of simple corporate bonds under a 2-part simple corporate bonds prospectus) | every director of the body |
every person named in the document as a proposed director of the body | ||
Simple corporate bonds issue offers | ||
1A | offer of simple corporate bonds under a 2-part simple corporate bonds prospectus | every director of the body |
every person named in the document as a proposed director of the body | ||
sale offers (sale by controller) | ||
2 | offer of securities for sale that needs a disclosure document because of subsection 707(2) | if seller an individual
-
that individual
if seller a body - every director of the body |
sale offers (sale amounting to indirect issue) | ||
3 | offer of securities for sale that needs a disclosure document because of subsection 707(3) | every director of the body whose securities are offered for sale
if seller an individual - that individual if seller a body - every director of the body |
sale offers (sale amounting to indirect sale by controller) | ||
4 | offer of securities for sale that needs a disclosure document because of subsection 707(5) | if seller an individual
-
that individual
if seller a body - every director of the body if individual controls the body whose securities are offered for sale - that individual if body controls the body whose securities are offered for sale - every director of the controlling body |
[ CCH Note: S 720 will be amended by No 69 of 2020, s 3, Sch 1[1119], by inserting " with the Registrar " after " The lodgment " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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