Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.