Document ID: chunk:federal_register_of_legislation:F2022L01274:body:0:p4
Version: federal_register_of_legislation:F2022L01274
Segment Type: other
Provision Reference: 
Character Range: 8092–11187

example: financial statements; a business plan; information about ownership of intellectual or industrial property; or expert opinions, including valuations or auditors reports;

              (iv) prospective investors should be aware that no established market exists for the trading of any scheme interests that may be offered; and

              (v)  the publication is subject to this instrument.

Distinguishing trademark or logo

           (d) except as provided in paragraph (2)(e), the publication must not contain the name or any distinguishing trademark or logo of:

              (i) any person who may issue, arrange the issue of, make available, or sell scheme interests; or

              (ii) the original issuer of the scheme interests which may be sold, as a result of an offer made, issued or referred to in the publication.

           (e) a publication may contain the name and any distinguishing trademark or logo of a person described in paragraph (2)(d) if:

              (i)  the publication is available only on subscription;

              (ii)  before a person is entitled to receive the first copy of, or first obtain access to, the publication for which the person has subscribed, the person acknowledges to the operator that the person is aware of the limitations of the information provided in the publication, as set out in paragraph (2)(c).

              (iii)  the publication contains prominent statements to the effect:

              (A) of the matters set out in subparagraph (2)(c)(iii);

                  (B) that a prospective investor is strongly advised to take appropriate professional advice before accepting an offer for issue or sale of any scheme interests.

    Notices to prospective investors

           (f)  other than in the situation set out in paragraph (2)(e), at the time of first supplying the name of the proposed issuer or proposed seller of the scheme interests to any prospective investor, the operator issues or causes to be issued to the prospective investor a notice containing statements to the effect of the matters set out in subparagraph (2)(e)(iii);

           (g) the operator does not provide at any meeting or publish in any publication any information about an offer made by an issuer or seller without the prior written authorisation of the issuer or seller, as the case may be;

    No application for the scheme interests

           (h)  the publication does not contain any application form for the scheme interests;

    Prohibited statements

           (i)  the publication does not contain any;

            (i) advertisement of; or

             (ii) statement that directly or indirectly refers to, or that is reasonably likely to induce people to apply for the scheme interests under;

           an offer or intended offer of scheme interests for more than $5 million in total in relation to any one managed investment scheme;

           (j) the publication does not contain any statement to the effect that the introduction service, the operator or any other person associated