Corporations Regulations 2001

CHAPTER 6D - FUNDRAISING  

PART 6D.3A - CROWD-SOURCED FUNDING  

REGULATION 6D.3A.08   GATEKEEPER OBLIGATION OF CSF INTERMEDIARY - CHECKS  

6D.3A.08(1)    
For the purposes of subsection 738Q(1) of the Act, this regulation prescribes the checks that a CSF intermediary needs to conduct before publishing any of the following documents (the offer document ) on a platform of the intermediary:

(a) a CSF offer document (or a document purporting to be a CSF offer document);

(b) a supplementary CSF offer document (or a document purporting to be a supplementary CSF offer document);

(c) a replacement CSF offer document (or a document purporting to be a replacement CSF offer document);

for a CSF offer of securities made by a company (the offering company ).

Identity of offering company

6D.3A.08(2)    
The CSF intermediary must check the following information:

(a) the name, ACN and type of the offering company;

(b) the address of the registered office of the offering company;

(c) the address of the principal place of business of the offering company.

Eligibility to crowd fund

6D.3A.08(3)    
The CSF intermediary must check whether:

(a) the company satisfies the requirements in paragraphs 738H(1)(a) , (b), (c), (d), (e) and (f) of the Act; and

(b) the offer document satisfies the requirements in subsection 738J(2) and section 738K of the Act.

Information on directors etc.

6D.3A.08(4)    
The CSF intermediary must check the following:

(a) the names and addresses of each person referred to in paragraph 6D.3A.04(1)(d) ;

(b) whether the offer document contains the information required by subregulation 6D.3A.04(3) .