Corporations Act 2001
View history note
Hide history note[ CCH Note: S 1015B heading will be amended by No 69 of 2020, s 3, Sch 1[1176], by substituting " THE REGISTRAR " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
A copy of a Statement must have been lodged with ASIC (in accordance with the requirements of subsection (2) for consents) before the Statement is given to a person for the purposes of a provision of this Part if:
(a) the following subparagraphs apply:
(i) the financial product is a managed investment product; and
(ii) the Statement states or implies that the product will be able to be traded on a financial market; and
(iii) the Statement meets the requirements set out in section 1013H ; or
(b) the financial product is a managed investment product that can be traded on a financial market; or
(ba) the financial product is:
(i) a managed investment product of an Australian passport fund; or
(ii) a foreign passport fund product; or
(c) the financial product is a financial product of a kind specified in regulations made for the purposes of this paragraph.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
[ CCH Note: For modified s 1015B(1), see Corporations Regulations Schedule 10BA - Modifications of the Act relating to short-form product disclosure statements, Part 3, item 3.3]
[ CCH Note: S 1015B(1) will be amended by No 69 of 2020, s 3, Sch 1[1177], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
The lodgment of a Statement in relation to a managed investment product with ASIC requires the consent of:
(a) whether it is an issue Statement or a sale Statement:
(i) if the responsible person is a body corporate - every director of the responsible person; or
(ii) otherwise - the responsible person; and
(b) if it is a sale Statement:
(i) if the issuer of the financial product concerned is a body corporate - every director of the issuer; or
(ii) otherwise - the issuer of the financial product concerned.
[ CCH Note: S 1015B(2) will be amended by No 69 of 2020, s 3, Sch 1[1177], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
The lodgment of a Statement in relation to a foreign passport fund product with ASIC requires the consent of:
(a) if the operator of the fund is a body corporate - every director of the operator; or
(b) otherwise - the responsible person.
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