Commonwealth Consolidated Acts

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Coverage of the fundraising rules

             (1)  In this Chapter, securities has the same meaning as it has in Chapter 7, but does not include:

                     (a)  a security referred to in paragraph (e) or (f) of the definition of security in section 761A; or

                     (b)  a simple corporate bonds depository interest in simple corporate bonds, where the simple corporate bonds were issued under a 2-part simple corporate bonds prospectus.

Note:          In this Chapter, subject to subsection 1240H(6), securities also does not include a security in a CCIV: see section 1240G.

Offers and invitations both covered

             (2)  For the purposes of this Chapter:

                     (a)  offering securities for issue includes inviting applications for the issue of the securities; and

                     (b)  offering securities for sale includes inviting offers to purchase the securities.

Person offering securities

             (3)  For the purposes of this Chapter, the person who offers securities is the person who has the capacity, or who agrees, to issue or transfer the securities if the offer is accepted.

Geographical coverage of Chapter

             (4)  This Chapter applies to offers of securities that are received in this jurisdiction, regardless of where any resulting issue, sale or transfer occurs.

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