Section 1015B — Corporations Act 2001 (Cth)

(1) A copy of a Statement must have been lodged with ASIC in a prescribed form (in accordance with the requirements of subsection (2) for consents) before the Statement is given to a person for the purposes of a provision of this Part if:

(a) the following subparagraphs apply:

(i) the financial product is a managed investment product; and

(ii) the Statement states or implies that the product will be able to be traded on a financial market; and

(iii) the Statement meets the requirements set out in section 1013H; or

(b) the financial product is a managed investment product that can be traded on a financial market; or

(ba) the financial product is:

(i) a managed investment product of an Australian passport fund; or

(ii) a foreign passport fund product; or

(c) the financial product is a financial product of a kind specified in regulations made for the purposes of this paragraph.

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

(2) The lodgment of a Statement in relation to a managed investment product with ASIC requires the consent of:

(a) whether it is an issue Statement or a sale Statement:

(i) if the responsible person is a body corporate—every director of the responsible person; or

(ii) otherwise—the responsible person; and

(b) if it is a sale Statement:

(i) if the issuer of the financial product concerned is a body corporate—every director of the issuer; or

(ii) otherwise—the issuer of the financial product concerned.

(3) The lodgment of a Statement in relation to a foreign passport fund product with ASIC requires the consent of:

(a) if the operator of the fund is a body corporate—every director of the operator; or

(b) otherwise—the responsible person.

Related sections

• s 1014K — Form, content and preparation of Replacement Product Disclosure Statements
• s 1014L — Giving, lodgment and notice of Replacement Product Disclosure Statements
• s 1015A — Subdivision applies to Product Disclosure Statements and Supplementary Product Disclosure Statements
• s 1015C — How a Statement is to be given
• s 1015D — Notice, retention and access requirements for Statement that does not need to be lodged
• s 1015E — Altering a Statement after its preparation and before giving it to a person

Research how courts apply s 1015B

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.