CORPORATIONS ACT 2001

CHAPTER 6D - FUNDRAISING  

PART 6D.3A - CROWD-SOURCED FUNDING  

Division 3 - Making offers under this Part  

SECTION 738L   CSF OFFER DOCUMENT TO BE PUBLISHED ON PLATFORM OF A SINGLE CSF INTERMEDIARY  

738L(1)  
A 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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