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 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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