Gatekeeper obligation of CSF intermediary—checks
6D.3A.08 Gatekeeper obligation of CSF intermediary—checks
For the purposes of subsection 738Q(1) of the Act, this regulation prescribes the checks that a CSF intermediary needs to conduct before publishing any of the following documents (the offer document) on a platform of the intermediary:
a CSF offer document (or a document purporting to be a CSF offer document);
a supplementary CSF offer document (or a document purporting to be a supplementary CSF offer document);
a replacement CSF offer document (or a document purporting to be a replacement CSF offer document);
for a CSF offer of securities made by a company (the offering company).
Identity of offering company
The CSF intermediary must check the following information:
the name, ACN and type of the offering company;
the address of the registered office of the offering company;
the address of the principal place of business of the offering company.
Eligibility to crowd fund
The CSF intermediary must check whether:
the company satisfies the requirements in paragraphs 738H(1)(a), (b), (c), (d), (e) and (f) of the Act; and
the offer document satisfies the requirements in subsection 738J(2) and section 738K of the Act.
Information on directors etc.
The CSF intermediary must check the following:
the names and addresses of each person referred to in paragraph 6D.3A.04(1)(d);
whether the offer document contains the information required by subregulation 6D.3A.04(3).
This Act’s bill:Explanatory statement
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