Section 738ZF — Corporations Act 2001 (Cth)

Offering securities of a company that does not exist

A person must not make an offer that:

(a) is expressed to be made under this Part; and

(b) relates to a company that has not been formed or does not exist.

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

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 738ZC — Caps on investment by retail clients pursuant to CSF offers
s 738ZD — Cooling‑off rights for retail clients
s 738ZE — Company making CSF offer or CSF intermediary etc. must not financially assist retail client to acquire securities
s 738ZG — Restrictions on advertising and publicity
s 738ZH — Liabilities under other laws not affected
s 738ZI — Companies eligible for limited governance requirements

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