Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
For paragraph 766A(2)(b) of the Act, a circumstance in which a person is taken not to provide a financial service within the meaning of paragraph 766A(1)(a) of the Act is that: (a) the service provided by the person consists only of advising another person in relation to the manner in which:
(i) voting rights attaching to securities; or
may or should be exercised; and (b) the advice is not intended to influence any decision in relation to financial products other than a decision about voting; and (c) the advice could not be reasonably be regarded as intended to influence a decision in relation to financial products, other than a decision about voting; and (d) the advice does not relate to a vote that relates to a dealing in financial products.
(ii) voting rights attaching to interests in managed investment schemes;
Note: A service that includes advice which is intended to influence the decision to acquire securities in another company would be not provided in circumstances covered by this regulation.
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