Application money to be held on trust (cf Corporations Act s 722)
88 Application money to be held on trust (cf Corporations Act s 722)
(1) If a person offers shares for issue or sale under a disclosure statement, the person must hold:
(a) all application money received from people applying for shares under the disclosure statement; and
(b) all other money paid by them on account of the shares before they are issued or transferred;
in trust under this section for the applicants until:
the shares are issued or transferred; or
the money is returned to the applicants.
Maximum penalty: $2 500 or imprisonment for 6 months, or both.
(2) If the application money needs to be returned to an applicant, the person must return the money as soon as practicable.
Maximum penalty: $2 500 or imprisonment for 6 months, or both.
(3) An offence based on subsection (1) or (2) is an offence of strict liability.
This Act’s bill:Explanatory statement
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