Corporations Act 2001

CHAPTER 2L - DEBENTURES  

PART 2L.2 - DUTIES OF BORROWER  

SECTION 283BHA   ADDITIONAL REQUIREMENTS FOR DESCRIBING DEBENTURES AS SECURED NOTES  
Advertisements and publications

283BHA(1)    
If the borrower proposes to describe or refer to the debentures as secured notes in an advertisement or publication in relation to the offer, or intended offer, of debentures that requires a disclosure document - the borrower must ensure that the advertisement or publication includes:

(a)    a statement that the secured notes are not bank deposits; and

(b)    a statement that there is a risk that investors could lose some or all of their money.

Disclosure documents and quarterly reports

283BHA(2)    
If the borrower proposes to describe or refer to the debentures as secured notes in a disclosure document or in a quarterly report prepared under section 283BF - the borrower must ensure that the disclosure document or quarterly report includes statements of the following:

(a)    key features of the security interest, including:

(i) that the security interest is first ranking; and

(ii) the type of security interest; and

(iii) the identity of the person providing the security interest; and

(iv) the property constituting the security for the security interest;

(b)    that, in the borrower ' s assessment, the property that constitutes the security for the security interest is sufficient and is reasonably likely to be sufficient to meet the liabilities referred to in paragraph 283BH(4)(b) ;

(c)    if the value of the property that constitutes the security for the security interest may be affected by the financial position or performance of a related body corporate or related party of the borrower - that fact.

Borrower ' s website

283BHA(3)    
If the borrower describes or refers to the debentures as secured notes on its website - the borrower must ensure that the reports, documents and notices mentioned in an item of the following table are published on the borrower ' s website in the period specified in that item:

Publication requirements
Item	Document, report or notice	Period for publication
1	The most recent quarterly report prepared in relation to the borrower under section 283BF	As soon as practicable after a copy of the report is required to be lodged with ASIC
2	Each disclosure document (including any replacement or supplementary document) lodged with ASIC in relation to the borrower in the previous 13 months	As soon as practicable after a copy of the document is lodged with ASIC
3	Each continuous disclosure notice required to be lodged with ASIC under section 675 in relation to the borrower in the previous 12 months	As soon as practicable after the notice is required to be lodged with ASIC

283BHA(4)    
In this section:

advertisement or publication
, in relation to an offer, or intended offer, of debentures that requires a disclosure document, means:

(a) an advertisement for the offer or intended offer; or

(b) a publication of a statement that:

(i) directly or indirectly refers to the offer or intended offer; or

(ii) is reasonably likely to induce people to apply for the debentures.

related party
has the meaning given by section 228 .