Document ID: chunk:federal_register_of_legislation:F2022L01274:body:0:p7
Version: federal_register_of_legislation:F2022L01274
Segment Type: other
Provision Reference: 
Character Range: 16184–18990

or section 1012E of the Act);

              (ii) amounts paid in response to an offer made in a Product Disclosure Statement dated after the issuer or seller has ceased to make or publish offers, advertisements or publications under subparagraph (2)(d)(i).

Note: References to amounts for which scheme interests are offered, issued or sold are to the total consideration paid or payable for the issue or sale of the scheme interests.

    No application for the scheme interests

           (h) neither the issuer nor any person who issues makes available at any meeting any application form for scheme interest of the issuer;

    Offer of scheme interests must be available for one year

           (i) the issuer or seller does not issue or sell scheme interests to a person to whom a publication has been made available, or who has attended a meeting, relating to scheme interests unless the:

              (i) issuer has given the person an application form which when completed is capable by acceptance of giving rise to a contract for issue of the scheme interests for the period of one year after the publication was made available or the meeting was held; or

              (ii) the seller has issued to the person a document offering the scheme interests for sale which is capable by acceptance of giving rise to a contract for sale of the scheme interests, for the period of one year after the publication was made available or the meeting was held;

    No issue or sale of scheme interests on the day of the meeting

           (j)  the issuer or seller does not enter into a contract for issue or sale of scheme interests discussed at a meeting on the day of the meeting with a prospective investor who attended the meeting;

    Contracts to include cooling-off period

           (k)  a contract for the issue or sale of scheme interests with a prospective investor contains a provision to the effect that the contract is voidable at the option of the prospective investor, without penalty or forfeiture, during the period of 10 business days from the date of the meeting; if:

              (i) the investor attended a meeting at which the scheme interests were discussed; and

              (ii) the contract is entered into during the period of five business days from the date of the meeting;

    False, misleading or deceptive statements

           (l) the issuer or seller takes all reasonable steps to ensure that all material included in a publication or provided at a meeting that is prepared by or on behalf of the issuer or seller does not contain any false, misleading or deceptive statements;

    Distinguishing trademark or logo

           (m) except as permitted by paragraph 5(2)(e), the issuer  or seller does not publish or cause to be published in