Viewing 7 posts - 1 through 7 (of 7 total)
  • Profile photo of mookiimookii
    Member
    @mookii
    Join Date: 2010
    Post Count: 12

    <moderator: delete advertising>

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Have you lodged your PDS with ASIC?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of kong71286kong71286
    Participant
    @kong71286
    Join Date: 2009
    Post Count: 261

    Do you have to lodge a Product Disclosure Statement with ASIC in order to get financing from a private investor, or is it mainly because this has been posted in a public forum?

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Kong

    It is a requirement of the Managed Investment Act irrespective where you advertise.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Actually not all managed investment schemes need to be registered. If a private investor is just borrowing money, then it may not fall under a managed investment scheme either.

    see the definition under s9 of the corporations act
    http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s9.html#managed_investment_scheme

    Richard, it would be the Corporations Act 2001 that regulates this area. The Managed Investments Act just inserted extra sections in the Corporations Act concerning managed investments.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of kong71286kong71286
    Participant
    @kong71286
    Join Date: 2009
    Post Count: 261

    Thanks for the elaboration guys, and for the website http://www.austlii.edu.au/databases.html#cth

    I'll add it to my bookmark list for future reference

    Profile photo of mookiimookii
    Member
    @mookii
    Join Date: 2010
    Post Count: 12

    HI guys, thanks for all your replies, it looks a lot more involved then I originally anticipated. Please ignore the original thread.  Thanks again for your feedback!

Viewing 7 posts - 1 through 7 (of 7 total)

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