Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p31
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 31/148)
Character Range: 405811–408528

the meaning of subsection 738G(3) of the Act) of the offering company.
 (3) Without limiting subregulation (2), proceeds of the offer will be paid indirectly to a person if those proceeds will be paid for the benefit of the person by an intermediary entity such as a nominee, trust or partnership.
 (4) Section 3 of the offer document must also contain a description of each previous CSF offer (if any) of securities by the following entities:
 (a) the offering company;
 (b) for each person referred to in paragraph 6D.3A.04(1)(d) for the offering company—any other company that had, at the time of a previous CSF offer by that other company, the person as a director or senior manager;
 (c) for each person that controls the offering company—any other company that the person controlled at the time of a previous CSF offer by that other company;
 (d) any other company that is a related party (within the meaning of subsection 738G(3) of the Act) of the offering company.
 (5) The description of a previous CSF offer referred to in subregulation (4) must include a description of the outcome of the offer.

6D.3A.06  Contents of CSF offer document—Section 4: Information about investor rights
 (1) The following information must be contained in section 4 of the offer document:
 (a) a description of the cooling off rights contained in section 738ZD of the Act;
 (b) a description of the effect of subsection 738ZA(5) of the Act (responsible intermediary for CSF offer to provide communication facility).
 (2) To the extent that any of the following provisions apply to the offering company, section 4 of the offer document must also contain a description of the effect of those provisions:
 (aa) subsection 301(2) of the Act (about when financial reports have to be audited);
 (a) subsection 301(5) of the Act (about financial accounts not required to be audited for up to 5 years);
 (b) subsections 250N(5) and (6) of the Act (about company not required to hold an AGM for up to 5 years);
 (c) subsections 314(1AF) and (2A) of the Act (about annual financial reporting to members and making the reports accessible online);
 (d) item 19A of the table in section 611 of the Act (about the exception to the prohibition on acquiring relevant interests in voting shares);
 (e) section 738ZK of the Act (about Chapter 2E of the Act applying to proprietary companies that have one or more CSF shareholders).
Note: The provisions mentioned in paragraph (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