Document ID: chunk:federal_register_of_legislation:F2022C01200:body:0:p1
Version: federal_register_of_legislation:F2022C01200
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Character Range: 0–3332

ASIC Corporations (Application Form Requirements) Instrument 2017/241

About this compilation

Compilation No. 2

This is a compilation of ASIC Corporations (Application Form Requirements) Instrument 2017/241 as in force on 15 November 2022. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information
about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary
1 Name of legislative instrument
3 Authority
4 Definitions
Part 2—Exemption
5 Applications to switch between schemes operated by the same responsible entity or its related bodies corporate
5A Applications to switch between notified foreign passport funds operated by the same operator or its related bodies corporate
5B Applications to switch between sub-funds of a retail CCIV
6 Application forms for reconstructions and capital reductions
7 Bonus issues of options
Part 3—Declaration
8 Advertising and publicity for reconstructions and capital reductions
9 Application forms created by licensees
10 Requirement to include applicant's date of birth in the application form
11 Application forms where no PDS required
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
    This is the ASIC Corporations (Application Form Requirements) Instrument 2017/241.

3 Authority
    This instrument is made under subsections 741(1) and 1020F(1) of the Corporations Act 2001.

4 Definitions
    In this instrument:

    Act means the Corporations Act 2001.

    defective has the same meaning as in section 1021B(1) of the Act.

        eligible foreign country means:

(a)     in relation to a reconstruction—each of the following:
           (i)      Canada;
           (ii)     France;
           (iii)    Germany;
           (iv)    Italy;
           (v)     Japan;
           (vi)    The Netherlands;
           (vii)   Switzerland;
           (viii)  United States of America; and
(b)     in relation to a foreign capital reduction offer—each country mentioned in paragraph (a) and each of the following:
           (i)      Hong Kong;
           (ii)     Malaysia;
           (iii)    New Zealand;
           (iv)    Singapore;
           (v)     South Africa;
           (vi)    United Kingdom.
           Note:  The jurisdictions listed in paragraph (b) are not eligible foreign countries for the purposes of a reconstruction because ASIC Corporations (Compromises or Arrangements) Instrument 2015/358 provides an exemption from the obligation to provide a disclosure document or Product Disclosure Statement for offers of securities and financial products respectively in reconstructions made under the laws of those jurisdictions.
    eligible reconstruction means a reconstruction to which either of the following applies:
(a) the reconstruction is between a foreign company and its members or any class of them and is regulated by or under a law that is in force in, or in a part of, an eligible foreign country;
(b) the reconstruction relates to a registered scheme and is between the responsible entity of the scheme and the members of the scheme