Section 738ZI — Corporations Act 2001 (Cth)

(1) A company is covered under this section at a particular time if:

(a) the company:

(i) was registered as a public company limited by shares under Part 2A.2 in response to an application lodged under section 117 before the eligibility end day; or

(ii) was converted from a proprietary company to a public company limited by shares under Part 2B.7 in response to an application lodged under section 163 before the eligibility end day; and

(b) the application made in relation to the company’s registration or conversion stated that:

(i) the company will be covered under this section on registration or when the company’s registration is altered to reflect its conversion; and

(ii) the company intends to make a CSF offer after its registration or conversion; and

(c) the company is an eligible CSF company at that time; and

(d) the time is within 5 years after the company’s registration as, or conversion to, a public company limited by shares; and

(e) if the time is at or after the end of a financial year that ends later than 12 months after the company’s registration as, or conversion to, a public company limited by shares—the company has completed a CSF offer at that time; and

(f) the company has been covered under this section at all times since its registration as, or conversion to, a public company limited by shares; and

(g) as at that time, the company has not made any offers of securities for issue or sale that need disclosure to investors under Part 6D.2.

(2) In this section:

eligibility end day means the day Part 1 of Schedule 1 to the Corporations Amendment (Crowd‑sourced Funding for Proprietary Companies) Act 2018 commences.

Related sections

• s 738ZF — Offering securities of a company that does not exist
• s 738ZG — Restrictions on advertising and publicity
• s 738ZH — Liabilities under other laws not affected
• s 738ZJ — Regulations relating to how CSF intermediaries are to deal with applications
• s 738ZK — Related party transactions—proprietary companies that have one or more CSF shareholders
• s 739 — ASIC stop orders

Research how courts apply s 738ZI

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