Corporations Act 2001

CHAPTER 6D - FUNDRAISING

PART 6D.2 - DISCLOSURE TO INVESTORS ABOUT SECURITIES (OTHER THAN FOR CSF OFFERS)

Division 4 - Disclosure requirements

CCH Note: Division 4 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.

SECTION 715 CONTENTS OF OFFER INFORMATION STATEMENT

CCH Note: Section 715 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.

715(1)
An offer information statement for the issue of a body ' s securities must:

(a) identify the body and the nature of the securities; and

(b) describe the body ' s business; and

(c) describe what the funds raised by the offers are to be used for; and

(d) state the nature of the risks involved in investing in the securities; and

(e) give details of all amounts payable in respect of the securities (including any amounts by way of fee, commission or charge); and

(f) state that:

(i) a copy of the statement has been lodged with ASIC; and

(ii) ASIC takes no responsibility for the content of the statement; and

(g) state that the statement is not a prospectus and that it has a lower level of disclosure requirements than a prospectus; and

(h) state that investors should obtain professional investment advice before accepting the offer; and

(i) include a copy of a financial report for the body; and

(j) include any other information that the regulations require to be included in the statement.

[ CCH Note 1: S 715(1) will be amended by No 69 of 2020, s 3, Sch 1[1093] and [ 1094], by substituting " the Registrar " for " ASIC " in para (f)(i) and " neither ASIC nor the Registrar takes " for " ASIC takes no " in para (f)(ii) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

[ CCH Note 2: S 715(1A) will be inserted by No 69 of 2020, s 3, Sch 1[1095] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 715(1A) will read:

715(1A)
Lodgement of the copy of the statement must meet any requirements of the data standards.]

715(2)
The financial report included under paragraph (1)(i) must:

(a) be a report for a 12 month period and have a balance date that occurs within the last 6 months before the securities are first offered under the statement; and

(b) be prepared in accordance with the accounting standards; and

(c) be audited.

715(3)
The statement must state that no securities will be issued on the basis of the statement after the expiry date specified in the statement. The expiry date must not be later than 13 months after the date of the statement. The expiry date of a replacement statement must be the same as that of the original statement it replaces.

Note 1: Subsection 716(1) requires the statement to be dated.

Note 2: Section 719 deals with replacement statements.

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