Commonwealth Consolidated Acts Commonwealth Consolidated ActsSchedule 2 has effect.
In this Part:
Note: See sections 9 (definition of property ) and 51F (PPSA retention of title property).
No. 50, 2001
Compilation No. 128
Compilation date: 1 January 2024
Includes amendments: Act No. 69, 2023
Registered: 24 January 2024
This compilation is in 7 volumes
Volume 1: sections 1-260E
Volume 2: sections 283AA-600K
Volume 3: sections 601-742
Volume 4: sections 760A-994Q
Volume 5: sections 1010A-1243A
Volume 6: sections 1272-1701
Volume 7: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Corporations Act 2001 that shows the text of the law as amended and in force on 1 January 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Chapter 5A--Deregistration, and transfer of registration, of companies
601 Meaning of property
601AA Deregistration--voluntary
601AB Deregistration--ASIC initiated
601AC Deregistration--following amalgamation or winding up
601AD Effect of deregistration
601AE What the Commonwealth or ASIC does with the property
601AF The Commonwealth's and ASIC's power to fulfil outstanding obligations of deregistered company
601AG Claims against insurers of deregistered company
Part 5A.2--Transfer of registration
601AI Transferring registration
601AJ Applying to transfer registration
601AK ASIC makes transfer of registration declaration
601AL ASIC to deregister company
Chapter 5B--Bodies corporate registered as companies, and registrable bodies
Part 5B.1--Registering a body corporate as a company
Division 1--Registration
601BA Bodies corporate may be registered as certain types of companies
601BB Bodies registered as proprietary companies
601BC Applying for registration under this Part
601BD ASIC gives body ACN, registers as company and issues certificate
601BE Registered office
601BH Modifications of constitution
601BJ ASIC may direct company to apply for Court approval for modifications of constitution
601BK Establishing registers and minute books
601BL Registration of registered bodies
Division 2--Operation of this Act
601BM Effect of registration under this Part
601BN Liability of members on winding up
601BP Bearer shares
601BQ References in pre - registration contracts and other documents to par value in existing contracts and documents
601BS Modification by regulations
Division 1A--Preliminary
601C Meaning of property
Division 1--Registrable Australian bodies
601CA When a registrable Australian body may carry on business in this jurisdiction and outside its place of origin
601CB Application for registration
601CC Cessation of business etc.
601CCA Publishing notices relating to cessation of business etc.
Division 2--Foreign companies
601CD When a foreign company may carry on business in this jurisdiction
601CDA Limited disclosure if place of origin is a prescribed country
601CE Application for registration
601CF Appointment of local agent
601CG Local agent: how appointed
601CH Local agent: how removed
601CJ Liability of local agent
601CK Balance - sheets and other documents
601CL Cessation of business etc.
601CLA Publishing notices relating to cessation of business etc.
601CM Register of members of foreign company
601CN Register kept under section 601CM
601CP Notifying ASIC about register kept under section 601CM
601CQ Effect of right to acquire shares compulsorily
601CR Index of members and inspection of registers
601CS Certificate as to shareholding
Division 3--Bodies registered under this Part
601CTA Limited disclosure if place of origin is a prescribed country
601CT Registered office
601CU Certificate of registration
601CV Notice of certain changes
601CW Body's name etc. must be displayed at office and place of business
601CX Service of documents on registered body
601CY Power to hold land
Division 4--Register of debenture holders for non - companies
601CZA Certain documents are debentures
601CZB Register of debenture holders to be maintained by non - companies
601CZC Location of register
601CZD Application of sections 173 to 177
Part 5B.3--Names of registrable Australian bodies and foreign companies
601DB Acceptable abbreviations
601DC When a name is available
601DD Registered Australian bodies and registered foreign companies can carry on business with some names only
601DE Using a name and ARBN
601DF Exception to requirement to have ARBN on receipts
601DG Regulations may exempt from requirement to set out information on documents
601DH Notice of name change must be given to ASIC
601DJ ASIC's power to direct a registered name be changed
Chapter 5C--Managed investment schemes
Part 5C.1--Registration of managed investment schemes
601EA Applying for registration
601EB Registration of managed investment scheme
601EC All documents etc. lodged with ASIC to bear ARSN or ABN
601ED When a managed investment scheme must be registered
601EE Unregistered schemes may be wound up
Part 5C.2--The responsible entity
Division 1--Responsibilities and powers
601FA Responsible entity to be public company and hold Australian financial services licence
601FB Responsible entity to operate scheme
601FC Duties of responsible entity
601FD Duties of officers of responsible entity
601FE Duties of employees of responsible entity
601FF Surveillance checks by ASIC
601FG Acquisition of interest in scheme by responsible entity
601FH Liquidator etc. of responsible entity entitled to exercise indemnity rights
Division 2--Changing the responsible entity
601FJ Changes only take effect when ASIC alters record of registration
601FK Requirements of section 601FA must be met
601FL Retirement of responsible entity
601FM Removal of responsible entity by members
601FN ASIC or scheme member may apply to Court for appointment of temporary responsible entity
601FP Appointment of temporary responsible entity by Court
601FQ Temporary responsible entity to take steps for appointment of new responsible entity
Division 3--Consequences of change of responsible entity
601FR Former responsible entity to hand over books and provide reasonable assistance
601FS Rights, obligations and liabilities of former responsible entity
601FT Effect of change of responsible entity on documents etc. to which former responsible entity is party
Part 5C.3--The constitution
601GA Contents of the constitution
601GB Constitution must be legally enforceable
601GC Changing the constitution
Part 5C.4--The compliance plan
601HA Contents of the compliance plan
601HB Compliance plan may incorporate provisions from another scheme's plan
601HC Directors must sign lodged copy of compliance plan
601HD ASIC may require further information about compliance plan
601HE Changing the compliance plan
601HF ASIC may require consolidation of compliance plan to be lodged
601HG Audit of compliance plan
601HH Removal and resignation of auditors
601HI Action on change of auditor of compliance plan
Part 5C.5--The compliance committee
601JA When is a compliance committee required?
601JB Membership of compliance committee
601JC Functions of compliance committee
601JD Duties of members
601JE Compliance committee members have qualified privilege in certain cases
601JF When can responsible entity indemnify compliance committee members?
601JG When can responsible entity pay insurance premiums for compliance committee members?
601JH Proceedings of compliance committee
601JJ Disclosure of interests
Part 5C.6--Members' rights to withdraw from a scheme
601KA Members' rights to withdraw
601KB Non - liquid schemes--offers
601KC Non - liquid schemes--only one withdrawal offer to be open at any time
601KD Non - liquid schemes--how payments are to be made
601KE Non - liquid schemes--responsible entity may cancel withdrawal offer
Part 5C.7--Related party transactions
601LA Chapter 2E applies with modifications
601LB Replacement section 207
601LC Replacement section 208
601LD Omission of sections 213, 214 and 224
601LE Modification of section 225
Part 5C.8--Effect of contraventions (civil liability and voidable contracts)
601MA Civil liability of responsible entity to members
601MB Voidable contracts where subscription offers and invitations contravene this Act
601NA Winding up required by scheme's constitution
601NB Winding up at direction of members
601NC Winding up if scheme's purpose accomplished or cannot be accomplished
601ND Winding up ordered by Court
601NE The winding up of the scheme
601NF Other orders about winding up
601NG Unclaimed money to be paid to ASIC
Division 1--Registered schemes that are not Australian passport funds
601PAA Application of this Division
601PA Deregistration--voluntary
601PB Deregistration by ASIC
Division 2--Registered schemes that are Australian passport funds
601PBA Application of this Division
601PBB Deregistration--voluntary
601PBC Deregistration--initiated by ASIC
601PBD Notices relating to deregistration process
601PBE Consequences of deregistration on status as an Australian passport fund
Part 5C.11--Exemptions and modifications
601QA ASIC's power to make exemption and modification orders
601QB Modification by regulations
Chapter 5D--Licensed trustee companies
601RAA Meaning of fees and law-- Chapter 5D
601RAB Meaning of trustee company and client
601RAC Meaning of traditional trustee company services and estate management functions
601RAD Meaning of person with a proper interest
601RAE Interaction between trustee company provisions and State and Territory laws
Part 5D.2--Powers etc. of licensed trustee companies
Division 1--General provisions
601SAA Jurisdiction of courts not affected etc.
601SAB Regulations may prescribe other powers etc.
601SAC Powers etc. conferred by or under this Chapter are in addition to other powers etc.
Division 2--Accounts
601SBA Licensed trustee company not required to file accounts
601SBB Licensed trustee company may be required to provide account in relation to estate
Division 3--Common funds
601SCA Common funds of licensed trustee companies
601SCAA Common funds that are also registered schemes
601SCB Obligations relating to common funds
601SCC Regulations relating to establishment or operation of common funds
601SCD Arm's length transactions
Part 5D.3--Regulation of fees charged by licensed trustee companies
Division 1--Disclosure of fees
601TAA Schedule of fees to be published and available
601TAB Disclosure to clients of changed fees
Division 2--General provisions about charging fees
601TBA Charging of fees for the provision of traditional trustee company services
601TBB Part does not prevent charging of fees as agreed etc.
601TBC Part does not prevent charging fee for provision of account
601TBD Part does not prevent reimbursement
601TBE Estate management functions: payment of fees out of estate
Division 3--Fees otherwise than for being trustee or manager of a charitable trust
601TCA Fees otherwise than for being the trustee or manager of a charitable trust
601TCB Additional amount for preparation of returns etc.
Division 4--Fees for being trustee or manager of a charitable trust
Subdivision A--New client charitable trusts
601TDA Subdivision applies to new client charitable trusts
601TDB What the trustee company may charge
601TDC Option 1: capital commission and income commission
601TDD Option 2: annual management fee
601TDE Additional amount if trust money is in a common fund
601TDF Additional amount for preparation of returns etc.
Subdivision B--Existing client charitable trusts
601TDG Subdivision applies to existing client charitable trusts
601TDH Trustee company not to charge more than was being charged before section commenced
601TDI Additional amount if trust money is in a common fund
601TDJ Additional amount for preparation of returns etc.
Division 5--Miscellaneous
601TEA Power of the Court with respect to excessive fees
Part 5D.4--Duties of officers and employees of licensed trustee companies
601UAA Duties of officers of licensed trustee company
601UAB Duties of employees of licensed trustee company
Part 5D.5--Limit on control of and proposed licensed trustee companies
Division 1--15% voting power limit
601VAA Meaning of unacceptable control situation --licensed trustee company or a proposed licensed trustee company
601VAB Acquisitions of shares
601VAC Orders to remedy unacceptable control situation
Division 2--Approval to exceed 15% voting power limit
601VBA Application for approval to exceed 15% voting power limit
601VBB Approval of application
601VBD Conditions of approval
601VBE Varying percentage approved
601VBG Minister may require further information from applicants
601VBH Minister may seek views of the company concerned and its clients
601VBI Time limit for Minister's decision
601VCA Acquisition of property
601VCB Interests of clients to be viewed as a group
Part 5D.6--ASIC - approved transfers of estate assets and liabilities
Division 1--Preliminary
601WAA Meaning of estate assets and liabilities
Division 2--Transfer of estate assets and liabilities
601WBA Transfer determinations
601WBB When consent of receiving company is in force
601WBC Complementary State or Territory legislation
601WBD Minister's power to decide that his or her consent is not required
601WBE Determinations may impose conditions
601WBF Notice of determination
601WBG Certificate of transfer
601WBH Notice of certificate
601WBI Time and effect of transfer
601WBJ Substitution of trustee company
601WBK Liabilities for breach of trust and other matters not affected by this Part
Division 3--Other matters related to the transfer of estate assets and liabilities
601WCA Certificates evidencing operation of Act etc.
601WCB Certificates in relation to land and interests in land
601WCC Certificates in relation to other assets
601WCD Documents purporting to be certificates
601WCE Construction of references to transferring company
601WCF Income or other distribution received by transferring company
601WCG Access to books
601WCH Minister or ASIC may seek views of trustee company and its clients
601WCI Authorisation to perform functions or exercise powers in this Part
Division 4--Miscellaneous
601WDA Transferring company required to contact certain persons
Part 5D.7--Contraventions and holding out
601XAA Civil liability of licensed trustee companies
601XAB Prohibition on holding out
Part 5D.8--Exemptions and modifications
601YAA Exemptions and modifications by ASIC
601YAB Exemptions and modifications by regulations
602A Meaning of substantial interest
603 Chapter extends to some listed bodies that are not companies
604 Chapter extends to listed registered schemes
605 Classes of securities
605A Chapter does not apply to MCIs
Part 6.1--Prohibited acquisitions of relevant interests in voting shares
606 Prohibition on certain acquisitions of relevant interests in voting shares
607 Effect on transactions
608 Relevant interests in securities
609 Situations not giving rise to relevant interests
609A Another situation not giving rise to relevant interests--acceptance facility
609B Another situation not giving rise to relevant interests--securities subject to escrow agreement in connection with initial public offer etc.
610 Voting power in a body or managed investment scheme
Part 6.2--Exceptions to the prohibition
611 Exceptions to the prohibition
612 Effect of non - compliance with takeover rules for exceptions 1 to 4
613 Bidder not to exercise voting rights if failure to send bids for off - market acquisition--exception 2 or 3
615 Treatment of foreign holders under equal access issue--exception 10
Part 6.3--The different types of takeover bid
616 Off - market bids and market bids
Part 6.4--Formulating the takeover offer
Division 1--General
617 Securities covered by the bid
618 Offers must be for all or a proportion of securities in the bid class
619 General terms of the offer
620 Off - market bid (offer formalities)
Division 2--Consideration for the offer
621 Consideration offered
622 Escalation agreements
623 Collateral benefits not allowed
Division 3--The offer period
624 Offer period
Division 4--Conditional offers
625 Conditional offers--general
626 Maximum acceptance conditions in off - market bids
627 Discriminatory conditions not allowed for off - market bids
628 Conditions requiring payments to officers of target not allowed in off - market bids
629 Conditions turning on bidder's or associate's opinion not allowed in off - market bids
Part 6.5--The takeover procedure
Division 1--The overall procedure
631 Proposing or announcing a bid
632 Overview of steps in an off - market bid
633 Detailed steps in an off - market bid
634 Overview of steps in a market bid
635 Detailed steps in a market bid
Division 2--The bidder's statement
636 Bidder's statement content
637 Bidder's statement formalities
Division 3--The target's response
638 Target's statement content
639 Target's statement formalities
640 Expert's report to accompany target's statement if bidder connected with target
641 Target must inform bidder about securities holdings
641A Use or disclosure of information obtained from target
642 Expenses of directors of target companies
Division 4--Updating and correcting the bidder's statement and target's statement
643 Supplementary bidder's statement
644 Supplementary target's statement
645 Form of supplementary statement
646 Consequences of lodging a supplementary statement
647 To whom supplementary statement must be sent
Division 5--General rules on takeover procedure
Subdivision A--Experts' reports
648A Experts' reports
Subdivision B--Sending documents to holders of securities
648B Address at which bidder may send documents to holders of securities
648C Sending documents to holders of securities--general
648CB Sending documents to holders of securities--effect of election by holder to be sent documents by target in particular form
Subdivision C--Effect of proportional takeover approval provisions
648D Constitution may contain proportional takeover approval provisions
648E Resolution to be put if proportional bid made
648F Effect of rejection of approval resolution
648G Including proportional takeover provisions in constitution
Part 6.6--Variation of offers
Division 1--Market bids
649B Market bids--raising bid price
649C Market bids--extending the offer period
Division 2--Off - market bids (express variation by bidder)
650B Off - market bids--consideration offered
650C Off - market bids--extension of offer period
650D Off - market bids--method of making variation
650E Right to withdraw acceptance
650F Freeing off - market bids from defeating conditions
650G Contracts and acceptances void if defeating condition not fulfilled
Division 3--Off - market bids (automatic variations)
651A Off - market bid--effect on bid consideration of purchases made outside bid
651B How to make an election for new forms of consideration
651C Returning securities as part of election
Part 6.7--Withdrawal and suspension of offers
652A Withdrawal of unaccepted offers under takeover bid
652B Withdrawal of takeover offers with ASIC consent
652C Withdrawal of market bids
653A Acceptance of offers made under off - market bid
653B Acceptances by transferees and nominees of offers made under off - market bid
Part 6.9--Other activities during the bid period
654A Bidder not to dispose of securities during the bid period
654B Disclosures about substantial shareholdings in listed companies
654C Disclosures about substantial shareholdings in unlisted companies
Part 6.10--Review and intervention
Division 1--ASIC's power to exempt and modify
655A ASIC's power to exempt and modify
655B Notice of decision and review rights
Division 2--The Takeovers Panel
Subdivision A--Review of ASIC's exercise of its exemption or modification powers
656A Review of exercise of exemption or modification powers
656B Operation and implementation of a decision that is subject to review
Subdivision B--Unacceptable circumstances
657A Declaration of unacceptable circumstances
657B When Takeovers Panel may make declaration
657C Applying for declarations and orders
657D Orders that Takeovers Panel may make following declaration
657E Interim orders
657EA Internal Takeovers Panel reviews
657EB References by Courts
657F Offence to contravene Takeovers Panel order
657G Orders by the Court where contravention or proposed contravention of Takeovers Panel order
657H ASIC may publish report about application to Takeovers Panel or Court
Subdivision C--General provisions
658A Power of Takeovers Panel where a proceeding is frivolous or vexatious
658B Evidentiary value of findings of fact by Takeovers Panel
658C Takeovers Panel's power to make rules
658D Inconsistency between Takeovers Panel rules and ASIC exemption or declaration
659A Takeovers Panel may refer questions of law to the Court
659AA Object of sections 659B and 659C
659B Court proceedings before end of bid period
659C Court proceedings after end of bid period
Chapter 6A--Compulsory acquisitions and buy - outs
660A Chapter extends to some listed bodies that are not companies
660B Chapter extends to listed registered schemes
660C Chapter does not apply to MCIs
Part 6A.1--Compulsory acquisitions and buy - outs following takeover bid
Division 1--Compulsory acquisition of bid class securities
661A Compulsory acquisition power following takeover bid
661B Compulsory acquisition notice
661C Terms on which securities to be acquired
661D Holder may obtain names and addresses of other holders
661E Holder may apply to Court to stop acquisition
661F Signpost--completing the acquisition of the securities
Division 2--Compulsory buy - out of bid class securities
662A Bidder must offer to buy out remaining holders of bid class securities
662B Bidder to tell remaining holders of their right to be bought out
662C Right of remaining holder of securities in the bid class to be bought out
Division 3--Compulsory buy - out of convertible securities
663A Bidder must offer to buy out holders of convertible securities
663B Bidder to tell holders of convertible securities of their right to be bought out
663C Right of holders of convertible securities to be bought out
Part 6A.2--General compulsory acquisitions and buy - outs
Division 1--Compulsory acquisition of securities by 90% holder
664A Threshold for general compulsory acquisition power
664AA Time limit on exercising compulsory acquisition power
664B The terms for compulsory acquisition
664C Compulsory acquisition notice
664D Benefits outside compulsory acquisition procedure
664E Holder's right to object to the acquisition
664F The Court's power to approve acquisition
664G Signpost--completing the acquisition of the securities
Division 2--Compulsory buy - out of convertible securities by 100% holder
665A 100% holder must offer to buy out holders of convertible securities
665B 100% holder to tell holders of convertible securities of their right to be bought out
665C Right of holders of convertible securities to be bought out
Part 6A.3--Completion of compulsory acquisition of securities
666A Completing the acquisition of securities
666B Statutory procedure for completion
Part 6A.4--Experts' reports and valuations
667A Expert's report
667AA Expert to be nominated
667B Expert must not be an associate and must disclose prior dealings and relationships
667C Valuation of securities
Part 6A.5--Records of unclaimed consideration
668A Company's power to deal with unclaimed consideration for compulsory acquisition
668B Unclaimed consideration to be transferred to ASIC
Part 6A.6--ASIC powers
669 ASIC's power to exempt and modify
Chapter 6B--Rights and liabilities in relation to Chapter 6 and 6A matters
670A Misstatements in, or omissions from, takeover and compulsory acquisition and buy - out documents
670B Right to recover for loss or damage resulting from contravention
670C People liable on takeover or compulsory acquisition statement to inform maker about deficiencies in the statement
670D Defences against prosecutions under subsection 670A(3) and actions under section 670B
670E Liability for proposing a bid or not carrying through with bid
Chapter 6C--Information about ownership of listed companies, listed registered schemes and listed notified foreign passport funds
671A Chapter extends to some listed bodies that are not companies
Part 6C.1--Substantial holding information
671B Information about substantial holdings must be given to company, responsible entity, fund operator and relevant market operator
671C Civil liability
Part 6C.2--Tracing beneficial ownership of shares
672A Disclosure notices
672B Disclosure by member of relevant interests and instructions
672C ASIC may pass information on to person who made request
672D Fee for complying with a direction given by a company, scheme or fund under this Part
672DA Register of information about relevant interests in listed company, listed registered scheme or listed notified foreign passport fund
672F Civil liability
Part 6C.3--ASIC powers
673 ASIC's power to exempt and modify
Chapter 6CA--Continuous disclosure
674 Continuous disclosure--listed disclosing entity bound by a disclosure requirement in market listing rules--reasonable person's expectations
674A Continuous disclosure--listed disclosing entity bound by a disclosure requirement in market listing rules--knowledge, recklessness or negligence
675 Continuous disclosure--other disclosing entities--reasonable person's expectations
675A Continuous disclosure--other disclosing entities--knowledge, recklessness or negligence
676 Meaning of generally available
677 Material effect on price or value
678 Application of Criminal Code to offences based on subsection 674(2), 674(5) or 675(2)
Part 6D.1--Application of the fundraising provisions
700 Coverage of the fundraising rules
702 Treatment of offers of options over securities
703 Chapter may not be contracted out of
703A Operating a clearing and settlement facility is not offering securities etc.
Part 6D.2--Disclosure to investors about securities (other than for CSF offers)
Division 1--Overview
703B Part generally does not apply in relation to CSF offers
704 When disclosure to investors is needed
705 Types of disclosure document
Division 2--Offers that need disclosure to investors
706 Issue offers that need disclosure
707 Sale offers that need disclosure
708 Offers that do not need disclosure
708AA Rights issues that do not need disclosure
708A Sale offers that do not need disclosure
Division 3--Types of disclosure documents
709 Prospectuses, short - form prospectuses, profile statements and offer information statements
Division 4--Disclosure requirements
710 Prospectus content--general disclosure test
711 Prospectus content--specific disclosures
712 Prospectus content--short form prospectuses
713 Special prospectus content rules for continuously quoted securities
713A Offer of simple corporate bonds
713B Simple corporate bonds--2 - part simple corporate bonds prospectus
713C Simple corporate bonds--base prospectus
713D Simple corporate bonds--offer - specific prospectus
713E Simple corporate bonds--prospectus may refer to other material lodged with ASIC
714 Contents of profile statement
715 Contents of offer information statement
715A Presentation etc. of disclosure documents
716 Disclosure document date and consents
Division 5--Procedure for offering securities
717 Overview of procedure for offering securities
718 Lodging of disclosure document
719 Lodging supplementary or replacement document--general
719A Lodging supplementary or replacement document--2 - part simple corporate bonds prospectus
720 Consents needed for lodgment
721 Offer must be made in, or accompanied by, the disclosure document
722 Application money to be held on trust
723 Issuing or transferring the securities under a disclosure document
724 Choices open to person making the offer if disclosure document condition not met or disclosure document defective
725 Expiration of disclosure document
Part 6D.3--Prohibitions, liabilities and remedies (other than for CSF offers)
Division 1A--Introduction
725A Part generally does not apply in relation to CSF offers
Division 1--Prohibitions and liabilities
726 Offering securities in a body that does not exist
727 Offering securities without a current disclosure document
728 Misstatement in, or omission from, disclosure document
729 Right to recover for loss or damage resulting from contravention
730 People liable on disclosure document to inform person making the offer about deficiencies in the disclosure document
731 Due diligence defence for prospectuses
732 Lack of knowledge defence for offer information statements and profile statements
733 General defences for all disclosure documents
734 Restrictions on advertising and publicity
735 Obligation to keep consents and other documents
Division 2--Remedies
Part 6D.3A--Crowd - sourced funding
Division 1--Introduction
738B Meaning of CSF offer
738C Meaning of CSF intermediary
738D Meaning of retail client in relation to a CSF offer
738E Offer of the securities may also be made in reliance on section 708
738F Application of provisions of Chapter 7 relating to how obligations etc. apply to different kinds of persons
Division 2--Offers that are eligible to be made under this Part
738G Offers that are eligible to be made under this Part
738H Meaning of eligible CSF company
Division 3--Making offers under this Part
738J CSF offer document to be prepared
738K Other requirements for CSF offer document
738L CSF offer document to be published on platform of a single CSF intermediary
738M Consents needed for publication of CSF offer document
738N Meaning of made , open , closed , suspended and complete
738P CSF offer document to be removed from offer platform if offer closes in certain circumstances
738Q Gatekeeper obligations of CSF intermediaries
738R Company and related parties not to have more than one CSF offer open at any one time
738S Company may notify responsible intermediary that it wants CSF offer withdrawn
738T Withdrawal of applications made pursuant to CSF offer
Division 4--Defective etc. CSF offer documents
738U Meaning of defective
738V Obligation to notify company making offer, and responsible intermediary, if CSF offer document is defective
738W Company may provide replacement or supplementary CSF document in certain circumstances
738X Responsible intermediary's obligations on becoming aware that CSF offer document is defective
738Y Other liabilities relating to defective CSF offer documents
738Z Exceptions to liability under section 738Y
Division 5--Other obligations of CSF intermediaries
738ZA General obligations of CSF intermediaries relating to their platforms etc.
738ZB Responsible intermediary's obligations relating to application money
Division 6--Additional protections for retail clients
738ZC Caps on investment by retail clients pursuant to CSF offers
738ZD Cooling - off rights for retail clients
738ZE Company making CSF offer or CSF intermediary etc. must not financially assist retail client to acquire securities
738ZF Offering securities of a company that does not exist
738ZG Restrictions on advertising and publicity
738ZH Liabilities under other laws not affected
738ZI Companies eligible for limited governance requirements
738ZJ Regulations relating to how CSF intermediaries are to deal with applications
738ZK Related party transactions--proprietary companies that have one or more CSF shareholders
Part 6D.4--ASIC's powers
740 Anti - avoidance determinations
741 ASIC's power to exempt and modify
742 Exemptions and modifications by regulations
Note 1: This Part applies to the deregistration of CCIVs with modifications: see Subdivision A of Division 9 of Part 8B.6.
Note 2: For the deregistration of sub - funds of CCIVs, see Subdivision A of Division 9 of Part 8B.6.
