Corporations Act 2001
View history note
Hide history noteFor the purposes of subsection 1200B(1) , the conditions that must be met are those set out in this section.
1200C(2)
The person offering the securities must be: (a) a person incorporated by or under the law of the recognised jurisdiction; or (b) a natural person resident in the recognised jurisdiction; or (c) a legal person established by or under the law of the recognised jurisdiction; or (d) a person of a kind prescribed by regulations made in relation to the recognised jurisdiction for the purposes of this paragraph.
1200C(3)
The person offering the securities must not be banned under section 1200P .
1200C(4)
The offer must be an offer of a kind prescribed by the regulations in relation to the recognised jurisdiction.
1200C(5)
At least 14 days before the day on which the offer is first made in this jurisdiction, the person making the offer must have lodged with ASIC: (a) a notice in the prescribed form (if any) of the person ' s intention to make a recognised offer; and (b) the documents and information required to be lodged under section 1200D .
[ CCH Note: S 1200C(5) will be amended by No 69 of 2020, s 3, Sch 1[1190] - [ 1192], by substituting " the Registrar " for " ASIC " , omitting " in the prescribed form (if any) " in para (a) and inserting para (c) (effective 1 July 2026 or a day or days to be fixed by Proclamation). Para (c) will read:
; and (c) any other documents or information that the data standards require to be lodged.The notice mentioned in paragraph (a), and the lodgement of that notice and of any document or information mentioned in paragraph (c), must meet any requirements of the data standards.]
1200C(6)
If: (a) before the offer is first made in this jurisdiction; and (b) after a document or information was lodged with ASIC under section 1200D ;
either:
(c) an event of a kind mentioned in the table in subsection 1200G(9) happened; or (d) the address for service in this jurisdiction of the person proposing to offer the securities changed;the person making the offer must have lodged with ASIC:
(e) if paragraph (c) applies - the document or information that would have been required to have been lodged under subsection 1200G(9) for the event if that subsection had applied; and (f) if paragraph (d) applies - the changed address for service.[ CCH Note 1: S 1200C(6) will be amended by No 69 of 2020, s 3, Sch 1[1193] and [ 1194], by substituting " the Registrar under paragraph (5)(b) " for " ASIC under section 1200D " in para (b) and " must have lodged with the Registrar " for " must have lodged with ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 1200C(7) will be inserted by No 69 of 2020, s 3, Sch 1[1195] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 1200C(7) will read:
1200C(7)
The lodgement under subsection (6) must meet any requirements of the data standards.]
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