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CORPORATIONS ACT 2001 - SECT 738ZE

Company making CSF offer or CSF intermediary etc. must not financially assist retail client to acquire securities

  (1)   This section applies to the following persons in relation to a CSF offer made by a company or that a company intends to make:

  (a)   the company;

  (b)   a related party of the company;

  (c)   a CSF intermediary that is or intends to be the responsible intermediary in relation to the CSF offer;

  (d)   an associate of such a CSF intermediary.

  (2)   A person to whom this section applies must not:

  (a)   financially assist a person who is a retail client in relation to the CSF offer to acquire securities pursuant to the offer; or

  (b)   arrange financial assistance for such a person to acquire securities pursuant to the CSF offer.

Note 1:   This subsection applies to financial assistance provided by the company even if that assistance does not contravene section   260A.

Note 2:   Failure to comply with this subsection is an offence (see subsection   1311(1)).

  (3)   Without limiting subsection   (2), the prohibition on financial assistance:

  (a)   applies whether the financial assistance is provided or arranged before or after the acquisition of securities pursuant to the CSF offer; and

  (b)   extends to the provision of financial assistance in the form of a dividend.

  (4)   In this section, financially assist and financial assistance have the same meanings as they have in section   260A.


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