Certain offers will not have a disclosure documents when they are offered. In order to participate in such an offer you must satisfy one of the exemptions set out in section 708 of the Corporations Act. In order to meet the requirements of these exemptions you will need to provide us with additional information. The most common exemptions are those for sophisticated investors and professional investors.
Under section 708(8) of the Corporations Act an offer of securities does not need disclosure if:
This is the so-called sophisticated investor rule. The most common method of satisfying the sophisticated investor rule is to provide an accountant’s certificate verifying that either:
A form of accountant’s certificate is available here and must be dated within the last 6 months.
You can satisfy the professional investor requirement set out in section 708(11) of the Corporations Act if:
If you are relying on this exemption you will need to provide us with proof that you satisfy either or both of these requirements.
For either the sophisticated investor or professional investor rules, if you have previously provided adequate information to us you may not need to provide it again if the information we hold is
current. For example, if the accountant’s certificate is dated no more than 6 months before the date of the offer.
More information about accountant’s certificates and the classes of exemptions is available on ASIC’s website.
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