Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.1 - PRELIMINARY  

Division 2 - Meaning of some terms relating to financial services and markets  

SECTION 761B   MEANING OF ARRANGEMENT  

761B(1)    
For the purposes of this Chapter, arrangement means a contract, agreement, understanding, scheme or other arrangement (as existing from time to time):

(a)    whether formal or informal, or partly formal and partly informal; and

(b)    whether written or oral, or partly written and partly oral; and

(c)    whether or not enforceable, or intended to be enforceable, by legal proceedings and whether or not based on legal or equitable rights.

761B(2)    
For the purposes of this Part, if:

(a)    an arrangement (as defined in subsection (1) ), when considered by itself, does not constitute a derivative, or some other kind of financial product; and

(b)    that arrangement, and one or more other arrangements, if they had instead been a single arrangement, would have constituted a derivative or other financial product; and

(c)    it is reasonable to assume that the parties to the arrangements regard them as constituting a single scheme;

the arrangements are to be treated as if they together constituted a single arrangement.