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.
View history note
Hide history noteCCH Note: Division 1 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 705 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 following table shows what disclosure documents to use if an offer of securities needs disclosure to investors under this Part.
| Disclosure document | ||
| Type | Sections | |
| 1 | prospectus | |
| The standard full-disclosure document. | content [ 710, 711, 713 ] | |
| procedure [ 717 ] | ||
| liability [ 728 and 729 ] | ||
| defences [ 731, 733 ] | ||
| 2 | short form prospectus | |
| May be used for any offer. | content [ 712 ] | |
| Section 712 allows a prospectus to refer to material lodged with ASIC instead of setting it out. | ||
| Investors are entitled to a copy of this material if they ask for it. | ||
| 2A | 2-part simple corporate bonds prospectus | |
| Must be used for any offer of simple corporate bonds. | content [713C, 713D, 713E]
procedure [717] liability [728 and 729] defences [731 and 733] |
|
| 3 | profile statement | |
| Section 721 allows a brief profile statement (rather than the prospectus) to be sent out with offers with ASIC approval. The prospectus must still be prepared and lodged with ASIC. Investors are entitled to a copy of the prospectus if they ask for it. | content
[
714
]
procedure [ 717 ] liability [ 728 and 729 ] defences [ 732, 733 ] |
|
| 4 | offer information statement | |
| Section 709 allows an offer information statement to be used instead of a prospectus for an offer to issue securities if the amount raised from issues of securities is $10 million or less. | content
[
715
]
procedure [ 717 ] liability [ 728 and 729 ] defences [ 732, 733 ] |
Note: Subsection 709(1A) provides that if the offer period for an offer of simple corporate bonds begins during the 2-year period beginning at the commencement of that subsection, a prospectus (other than a 2-part simple corporate bonds prospectus) may be prepared.
[ CCH Note: S 705 will be amended by No 69 of 2020, s 3, Sch 1[1063] and [ 1064], by substituting " the Registrar " for " ASIC " in table item 2, column headed " Type " and " the Registrar " for " ASIC " (second occurring) in table item 3, column headed " Type " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: Act No 101 of 2007, Sch 1, Pt 6 [ 237] contained the following application provision (which was effective 28 June 2007):
Application of items 73, 75 to 77 and 84
The amendments made by items 73, 75 to 77 and 84 of this Schedule apply to offers of securities made on or after the day on which those items commence.]
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