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 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS  

Division 2 - Product Disclosure Statements  

Subdivision C - Preparation and content of Product Disclosure Statements  

SECTION 1013I   EXTRA REQUIREMENTS IF PRODUCT DISCLOSURE STATEMENT RELATES TO MANAGED INVESTMENT PRODUCTS THAT ARE ED SECURITIES  

1013I(1)    
This section applies to a Product Disclosure Statement that relates to managed investment products that are ED securities.

1013I(2)    
The Product Disclosure Statement must include a statement that:

(a)    as a disclosing entity, the scheme is subject to regular reporting and disclosure obligations; and

(b)    copies of documents lodged with ASIC in relation to the scheme may be obtained from, or inspected at, an ASIC office.


1013I(3)    
The Product Disclosure Statement must either:

(a)    inform people of their right to obtain a copy of the following documents:


(i) the annual financial report most recently lodged with ASIC by the scheme;

(ii) any half-year financial report lodged with ASIC by the scheme after the lodgment of that annual financial report and before the date of the Product Disclosure Statement;

(iii) any continuous disclosure notices given by the scheme after the lodgment of that annual report and before the date of the Product Disclosure Statement; or

(b)    include, or be accompanied by, a copy of the relevant document or documents.


1013I(4)    
If:

(a)    the Product Disclosure Statement informs people of their right to obtain a copy of a document referred to in subsection (3); and

(b)    a person asks the issuer (in the case of an issue Statement) or the seller (in the case of a sale Statement) for a copy of the document;

the issuer or seller must give (see subsection (5) ) the person a copy of the document free of charge as soon as practicable, and in any event within 5 days, after receiving the person's request.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).


1013I(5)    
In subsection (4) , give means give in a way that would satisfy the requirements of section 1015C if the copy of the document were a Statement to which that section applied.



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