Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p32
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 32/148)
Character Range: 408260–411078

(2)(a) or (b) only apply to an offering company covered under section 738ZI of the Act.

6D.3A.07  Obligation of CSF intermediary relating to their platforms—applicant risk acknowledgement
 (1) For the purposes of paragraph 738ZA(3)(b) of the Act, this regulation sets out the requirements for an acknowledgement by a person making an application pursuant to a CSF offer.
 (2) The following statement must be set out in the acknowledgement:
  "I have read the CSF offer document. I understand this document is not a prospectus and contains less information than a prospectus.
  I have read the risk warning and I understand that it contains some of the important information for making a decision about investing. However:
 (a) I understand that crowd‑sourced funding is risky and that I may lose my entire investment; and
 (b) I confirm that I could bear that loss without suffering undue hardship; and
 (c) I understand that I may never be able to sell my shares and the value of my investment may be diluted over time.
  I am aware that I can use the communication facility to ask questions and that there is a 5 business day cooling off period in relation to this investment.".

6D.3A.08  Gatekeeper obligation of CSF intermediary—checks
 (1) For the purposes of subsection 738Q(1) of the Act, this regulation prescribes the checks that a CSF intermediary needs to conduct before publishing any of the following documents (the offer document) on a platform of the intermediary:
 (a) a CSF offer document (or a document purporting to be a CSF offer document);
 (b) a supplementary CSF offer document (or a document purporting to be a supplementary CSF offer document);
 (c) a replacement CSF offer document (or a document purporting to be a replacement CSF offer document);
for a CSF offer of securities made by a company (the offering company).

Identity of offering company
 (2) The CSF intermediary must check the following information:
 (a) the name, ACN and type of the offering company;
 (b) the address of the registered office of the offering company;
 (c) the address of the principal place of business of the offering company.

Eligibility to crowd fund
 (3) The CSF intermediary must check whether:
 (a) the company satisfies the requirements in paragraphs 738H(1)(a), (b), (c), (d), (e) and (f) of the Act; and
 (b) the offer document satisfies the requirements in subsection 738J(2) and section 738K of the Act.

Information on directors etc.
 (4) The CSF intermediary must check the following:
 (a) the names and addresses of each person referred to in paragraph 6D.3A.04(1)(d);
 (b) whether the offer document contains the information required by subregulation 6D.3A.04(3).

6D.3A.09  Gatekeeper obligation of CSF intermediary—reasonable standard of checks
 (1) For the purposes of subsection 738Q(2)