Document ID: chunk:federal_register_of_legislation:F2023C00832:body:0:p9
Version: federal_register_of_legislation:F2023C00832
Segment Type: other
Provision Reference: 
Character Range: 20383–23065

in the class to which to the beneficial interests relate and the number or dollar amount of shares or interests they instructed the downstream custodian to apply for on their behalf;
(e) there are no participating beneficiaries in respect of which the total application price for the following exceeds $30,000:
              (i) the shares or interests applied for by the custodian under the purchase plan in accordance with the instructions referred to in subparagraph (d); and
              (ii) any other shares or interests in the class issued to the custodian in the 12 months before the application as a result of an instruction given by them to the custodian or the downstream custodian to apply for shares or interests on their behalf under an arrangement similar to the purchase plan;
(f) that a copy of the offer document was given to each participating beneficiary; and
(g) where subparagraph (a)(ii) applies—the name and address of each custodian who holds beneficial interests in the shares or interests in the class held by the custodian in relation to each participating beneficiary.
       (4) In providing a certificate under subsection (3), the custodian may rely on information provided to it by the participating beneficiary and any custodian who holds beneficial interests in the shares or interests in the class held by the custodian.
       (5) The issuer must not issue shares or interests under the purchase plan unless the issuer is reasonably satisfied that the total of the application price for the following will not exceed $30,000 in relation to any person as a result of issuing shares or interests:
(a) the shares or interests issued to a person under the purchase plan; and
(b) any other shares or interests in the class issued to the person under an arrangement similar to the purchase plan in the 12 months before the date of issue under the purchase plan; and
(c) any other shares or interests in the class issued to a custodian as a result of an instruction given by the person to the custodian or another custodian to apply for shares or interests on their behalf under the purchase plan; and
(d) any other shares or interests in the class issued to a custodian in the 12 months before the date of issue under the purchase plan as a result of an instruction given by the person to the custodian or another custodian to apply for shares or interests on their behalf under an arrangement similar to the purchase plan,
       except to the extent that the person is issued with shares or interests as a custodian under a custodian offer.
       (6) If:
(a) a notice given under subparagraph 7(f)(ii) is defective; and
(b) the issuer becomes aware