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 E - Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements  

SECTION 1015B   SOME STATEMENTS MUST BE LODGED WITH ASIC  

1015B(1)  
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) ).

1015B(2)  
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.

1015B(3)  
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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