CORPORATIONS ACT 2001 - SECT 738M Consents needed for publication of CSF offer document

CORPORATIONS ACT 2001 - SECT 738M

  (1)   The company making a CSF offer must not arrange for a CSF offer document to be published on a platform of a CSF intermediary unless each of the following persons has consented in writing to the publication of that CSF offer document on a platform of that CSF intermediary:

  (a)   each director of the company;

  (b)   each person named in the CSF offer document as a proposed director of the company.

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

  (2)   If the CSF offer document for a CSF offer includes a statement by a person, or a statement said in the document to be based on a statement by a person, the company making the offer must not arrange for the document to be published on a platform of a CSF intermediary unless:

  (a)   the person has consented in writing to the statement being included in the document in the form and context in which it is included; and

  (b)   the document states that the person has given this consent; and

  (c)   the person has not withdrawn this consent before the company arranges for the document to be published on a platform of that CSF intermediary.

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

  (3)   A company that makes a CSF offer must keep a consent required by subsection   (1) or (2) for 7 years after the consent was given.

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

  (4)   An offence based on subsection   (1), (2) or (3) is an offence of strict liability.