Section 738U — Corporations Act 2001 (Cth)

(1) A CSF offer document is defective if:

(a) the CSF offer document contains a misleading or deceptive statement; or

(b) there is an omission from the CSF offer document of information required by section 738J; or

(c) since the document was first published on a platform of a CSF intermediary, a new circumstance has arisen that would have been required by section 738J to be included in the document if it had arisen before the document was so published.

(2) For the purposes of this section, a person is taken to make a misleading statement about a future matter (including the doing of, or refusing to do, an act) if the person does not have reasonable grounds for making the statement. This subsection does not limit the meaning of a reference to a misleading statement.

Related sections

• s 738R — Company and related parties not to have more than one CSF offer open at any one time
• s 738S — Company may notify responsible intermediary that it wants CSF offer withdrawn
• s 738T — Withdrawal of applications made pursuant to CSF offer
• s 738V — Obligation to notify company making offer, and responsible intermediary, if CSF offer document is defective
• s 738W — Company may provide replacement or supplementary CSF document in certain circumstances
• s 738X — Responsible intermediary’s obligations on becoming aware that CSF offer document is defective

Research how courts apply s 738U

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