Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.7A.12B

Stamping fees

             (1)  A monetary benefit is not conflicted remuneration if it is a stamping fee given to facilitate an approved capital raising.

             (2)  In this regulation:

approved capital raising means:

                     (a)  an offer to issue an approved financial product; or

                     (b)  an offer to sell an approved financial product;

where the purpose of the offer is to raise funds for the person issuing or selling the approved financial product.

approved financial product means:

                     (a)  debentures, stocks or bonds that are, or are proposed to be, issued by a government; or

                     (b)  shares in, or debentures of, a body that are, or are proposed to be, quoted on a prescribed financial market; or

                     (c)  interests in a managed investment scheme that are, or are proposed to be, quoted on a prescribed financial market; or

                     (d)  a right to acquire, by way of issue, shares, debentures or interests mentioned in paragraph (b) or (c).

stamping fee means a fee, or a part of a fee:

                     (a)  that a person, including an issuer of a financial product, or a person acting on behalf of the issuer, pays either directly or indirectly to a provider in connection with:

                              (i)  an offer by the issuer to issue the financial product; or

                             (ii)  an invitation by the issuer for an application to issue the financial product; or

                     (b)  that a person, including a holder of a financial product, or person acting on behalf of the holder, pays either directly or indirectly to a provider in connection with:

                              (i)  an offer by the holder to sell the financial product; or

                             (ii)  an invitation by the holder for an application to sell the financial product.



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