Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.2.12

Documents

                   For paragraph 795A(1)(b) of the Act, the following documents are required as part of an application by the body corporate for an Australian market licence:

                     (a)  the body corporate's current or proposed operating rules and written procedures;

                     (b)  if applicable--the body corporate's constitution;

                     (c)  a copy of any agreement material to:

                              (i)  the way in which the proposed market is to be operated; and

                             (ii)  the way in which the financing of the proposed market, and the other resources used to operate it, will be organised; and

                            (iii)  the body corporate's constitution or governance; and

                            (iv)  the appointment or employment of directors, secretaries and executive officers of the body corporate;

                     (d)  a copy of any agreement, or proposed agreement, relating to the outsourcing or delegation of a function, facility or service in relation to the proposed market by the body corporate to another person;

                     (e)  if the body corporate is a disclosing entity--a copy of each half-year financial report of the body corporate for:

                              (i)  the period of 3 years immediately before the application was made; or

                             (ii)  the shorter period in which the body corporate has carried on a business;

                      (f)  if the body corporate is not a disclosing entity--a copy of each annual financial report of the body corporate for:

                              (i)  the period of 3 years immediately before the application was made; or

                             (ii)  the shorter period in which the body corporate has carried on a business;

                     (g)  if the body corporate is a related body corporate--a copy of the relevant consolidated annual and half-year financial reports for:

                              (i)  the period of 3 years immediately before the application was made; or

                             (ii)  the shorter period in which the body corporate has carried on a business;

                     (h)  a report, by a qualified person who is independent of the body corporate, about the anticipated financial resource requirements of the proposed market, including details of:

                              (i)  the total anticipated fixed expenditure and variable expenditure for the first 12 months of operation of the market; and

                             (ii)  the total anticipated revenue for the first 12 months of operation of the market and other sources of financial resources; and

                            (iii)  the body corporate's contingency arrangements in the event of circumstances occurring that affect the body corporate's ability to operate the market;

                      (i)  details of the body corporate's business plan, or other strategic planning, for the first 12 months of operation of the market, that are not included in the other documents mentioned in this regulation.



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