Section 1213 — Corporations Act 2001 (Cth)

(1) The operator of a foreign passport fund may lodge with ASIC a notice of intention to offer interests in the fund to persons in this jurisdiction, provided the operator is a registered foreign company.

(2) The notice must:

(a) be in the prescribed form; and

(b) include a copy of the Product Disclosure Statement that the operator of the foreign passport fund would be required to prepare if:

(i) the operator were a regulated person required to give a Product Disclosure Statement to a retail client under subsection 1012B(3); and

(ii) the fund were a notified foreign passport fund.

(3) The operator of the foreign passport fund may withdraw the notice of intention by notice lodged in the prescribed form at any time during the consideration period for the notice.

(4) ASIC may, by legislative instrument, determine that information that is lodged with ASIC under this section will not be available for inspection or copying from ASIC if it is of a kind specified in the determination.

Related sections

• s 1212A — Registration of Australian passport funds
• s 1212B — All documents etc. lodged with ASIC to bear APFRN
• s 1212C — Notifying ASIC if offering interests in another participating economy in another name
• s 1213A — ASIC may notify operator that notice of intention lacks information required
• s 1213B — Rejecting a notice of intention
• s 1213C — Notified foreign passport funds—authority to offer interests in this jurisdiction

Research how courts apply s 1213

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