Corporations Act 2001

CHAPTER 6D - FUNDRAISING  

PART 6D.3A - CROWD-SOURCED FUNDING  

Division 7 - Other matters  

SECTION 738ZI   COMPANIES ELIGIBLE FOR LIMITED GOVERNANCE REQUIREMENTS  

7389ZI(1)  
A company is covered under this section at a particular time if:


(a) the company:


(i) was registered as a public company limited by shares under Part 2A.2 in response to an application lodged under section 117 before the eligibility end day; or

(ii) was converted from a proprietary company to a public company limited by shares under Part 2B.7 in response to an application lodged under section 163 before the eligibility end day; and


(b) the application made in relation to the company ' s registration or conversion stated that:


(i) the company will be covered under this section on registration or when the company ' s registration is altered to reflect its conversion; and

(ii) the company intends to make a CSF offer after its registration or conversion; and


(c) the company is an eligible CSF company at that time; and


(d) the time is within 5 years after the company ' s registration as, or conversion to, a public company limited by shares; and


(e) if the time is at or after the end of a financial year that ends later than 12 months after the company ' s registration as, or conversion to, a public company limited by shares - the company has completed a CSF offer at that time; and


(f) the company has been covered under this section at all times since its registration as, or conversion to, a public company limited by shares; and


(g) as at that time, the company has not made any offers of securities for issue or sale that need disclosure to investors under Part 6D.2 .

738ZI(2)  


In this section:

eligibility end day
means the day Part 1 of Schedule 1 to the Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Act 2018 commences.


 

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