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 noteThe company making a CSF offer must not arrange for a CSF offer document to be published on a platform of a CSF intermediary unless each of the following persons has consented in writing to the publication of that CSF offer document on a platform of that CSF intermediary:
(a) each director of the company;
(b) each person named in the CSF offer document as a proposed director of the company.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
738M(2)
If the CSF offer document for a CSF offer includes a statement by a person, or a statement said in the document to be based on a statement by a person, the company making the offer must not arrange for the document to be published on a platform of a CSF intermediary unless:
(a) the person has consented in writing to the statement being included in the document in the form and context in which it is included; and
(b) the document states that the person has given this consent; and
(c) the person has not withdrawn this consent before the company arranges for the document to be published on a platform of that CSF intermediary.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
738M(3)
A company that makes a CSF offer must keep a consent required by subsection (1) or (2) for 7 years after the consent was given.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
738M(4)
An offence based on subsection (1), (2) or (3) is an offence of strict liability.
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