Corporations Act 2001
CCH note - modifying legislative instruments: The application of Ch 6D is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Employee Incentive Schemes - Ongoing Relief) Instrument 2025/169; and the ASIC Corporations (Offers of CHESS Depository Interests) Instrument 2025/180.
For legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6D, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
View history note
Hide history noteA CSF offer of a company ' s securities must be made by publishing, on a platform of a single CSF intermediary, a CSF offer document that complies with section 738J . If the CSF offer document does not set out the CSF offer, the CSF offer must be published together with the offer document.
Note 1: Section 1309 creates offences for providing false or misleading information to CSF intermediaries.
Note 2: See also section 738Q (gatekeeper obligations of CSF intermediaries).
738L(2)
The arrangement (the hosting arrangement ) between the company and the CSF intermediary for the publication of the CSF offer document must require all applications made in response to the offer, and all application money in respect of such applications, to be sent or paid to the intermediary and dealt with by the intermediary in accordance with this Part.
Note: See also section 738ZB (which deals with the responsible intermediary ' s obligations in relation to application money).
738L(3)
The company must not make the CSF offer otherwise than in accordance with subsections (1) and (2).
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
738L(4)
This section does not prevent the CSF offer from being advertised or publicised in a way that does not contravene subsection 738ZG(1) .
738L(5)
The responsible intermediary for the CSF offer is the CSF intermediary referred to in subsection (1).
738L(6)
The offer platform for the CSF offer is the platform on which the CSF offer document is published as referred to in subsection (1).
738L(7)
The maximum subscription amount for the CSF offer is the amount specified in the CSF offer document as the maximum amount sought to be raised by the offer.
738L(8)
The minimum subscription amount for the CSF offer is the amount specified in the CSF offer document as the minimum amount sought to be raised by the offer.
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