A person must not offer securities of:
- (a)
- a body that has not been formed
or does not exist; or
- (b)
- a managed investment scheme that needs to be, or will need to be,
registered and that has not been registered;
if the offer would need disclosure to investors under Part 6D.2 if the
body or scheme did exist or had been registered. This is so even if it is
proposed to form, incorporate or register the body or scheme.