ASIC Corporations (Offer Information Statements) Instrument 2016/76 (Cth)
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ASIC Corporations (Offer Information Statements) Instrument 2016/76
I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Date 9 March 2016
Grant Moodie
Contents
Part 1—Preliminary
1 Name of legislative instrument
2 Commencement
3 Authority
4 Definitions
Part 2—Declaration
5 Financial reports in offer information statements
Part 1—Preliminary
1 Name of legislative instrument
This instrument is ASIC Corporations (Offer Information Statements) Instrument 2016/76.
2 Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
Note: The register may be accessed at www.legislation.gov.au.
3 Authority
This instrument is made under section 741 of the Corporations Act 2001.
4 Definitions
In this instrument:
Act means the Corporations Act 2001.
Part 2—Declaration
5 Financial reports in offer information statements
Chapter 6D of the Act applies to all persons as if subsection 715(2) were omitted and substituted with the following subsection:
"(2) The financial report included under paragraph (1)(i) must:
(a) be a report for a 12 month period, or a period shorter or longer than 12 months but not by more than 7 days, and have a balance date that occurs within the last 6 months before the securities are first offered under the statement; and
(b) be prepared in accordance with the accounting standards; and
(c) be audited by a registered company auditor.
Note 1: The financial report can be the annual financial report lodged under Chapter 2M, provided the financial year to which the report relates ends within the last 6 months before the securities are first offered under the statement.
Note 2: If the body is subject to Chapter 2M, the financial report need not be an annual financial report lodged under that Chapter, provided the financial report otherwise complies with subsection (2).".
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