Corporations Act. Australia

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СКАЧАТЬ in a registered scheme means:

      (a) an interest in the scheme; or

      (b) a legal or equitable interest in an interest in the scheme; or

      (c) an option to acquire (whether by way of issue or transfer) an investment in the scheme covered by paragraph (a) or (b); or

      (d) an option to dispose of an investment in the scheme covered by paragraph (a) or (b); or

      (e) an interest a person holds under an arrangement that is a derivative if:

      (i) the consideration to be provided under the arrangement; or

      (ii) the value of the arrangement;

      is ultimately determined, derived from or varies by reference to an investment in the scheme covered by paragraph (a), (b), (c) or (d); or

      (f) an investment in the responsible entity of the scheme.

      To avoid doubt, the consideration to be provided under, or the value of, an arrangement in relation to an index is taken not to be ultimately determined, derived from or vary by reference to an investment in the scheme merely because the investment is taken into account in determining the value of the index.

      investment contract means any contract, scheme or arrangement that, in substance and irrespective of its form, involves the investment of money in or under such circumstances that the investor acquires or may acquire an interest in, or right in respect of, property, whether in this jurisdiction or elsewhere, that, under, or in accordance with, the terms of investment will, or may at the option of the investor, be used or employed in common with any other interest in, or right in respect of, property, whether in this jurisdiction or elsewhere, acquired in or under like circumstances.

      involved, in relation to a contravention, has the meaning given by section 79.

      issue includes:

      (a) in relation to interests in a managed investment scheme — make available; and

      (b) otherwise — circulate, distribute and disseminate.

      Note: When issue is used in Chapter 7 in relation to a financial product it has a meaning affected by section 761E.

      Judge means a judge of the Court.

      judgment means a judgment, decree or order, whether final or interlocutory.

      key management personnel for an entity has the same meaning as in the accounting standards.

      large proprietary company has the meaning given by subsection 45A(3).

      law of a State or Territory means a law of, or in force in, the State or Territory.

      Note: This definition does not affect the meaning of law when used otherwise than in a phrase such as “law of a State or Territory”. Examples of such a use is in the phrase “any provision of any law” in section 100A and the phrase “law of the Commonwealth” in section 156.

      lawyer means a duly qualified legal practitioner and, in relation to a person, means such a practitioner acting for the person.

      lead auditor has the meaning given by section 324AF.

      lease does not include a lease of goods that gives rise to a PPSA security interest in the goods.

      Note: An interest that arises under a lease of goods that in substance secures the payment or performance of an obligation, or that arises under a PPS lease within the meaning of the Personal Property Securities Act 2009, may be a PPSA security interest (see sections 12 and 13 of that Act and the definition of PPSA security interest in section 51 of this Act).

      leave of absence means long service leave, extended leave, recreation leave, annual leave, sick leave or any other form of leave of absence from employment.

      limited company means:

      (a) a company limited by shares; or

      (b) a company limited by guarantee; or

      (c) a company limited both by shares and guarantee;

      but does not include a no liability company.

      linked: the incurring of a debt and a contravention of section 596AB are linked if they are linked under subsection 596AB(4).

      liquidator:

      (a) has a meaning affected by paragraph 530(b) (which deals with 2 or more persons appointed as liquidators); and

      (b) in Chapter 7, includes a provisional liquidator.

      listed: a company, managed investment scheme or other body is listed if it is included in the official list of a prescribed financial market operated in this jurisdiction.

      listed corporation means a body corporate that is included in an official list of a prescribed financial market.

      listed disclosing entity has the meaning given by subsection 111AL(1).

      listing market, in relation to a listed disclosing entity, has the meaning given by subsection 111AE(1) or (1A).

      listing rules of a financial market, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      local agent, in relation to a foreign company, means a person who is a local agent of the foreign company by virtue of subsection 601CG(5).

      lodge means lodge with ASIC in this jurisdiction.

      lower court means a court of a State or Territory that is not a superior court.

      machine‑copy, in relation to a document, means a copy made of the document by any machine in which, or process by which, an image of the contents of the document is reproduced.

      managed investment product, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      managed investment scheme means:

      (a) a scheme that has the following features:

      (i) people contribute money or money’s worth as consideration to acquire rights (interests) to benefits produced by the scheme (whether the rights are actual, prospective or contingent and whether they are enforceable or not);

      (ii) any of the contributions are to be pooled, or used in a common enterprise, to produce financial benefits, or benefits consisting of rights or interests in property, for the people (the members) who hold interests in the scheme (whether as contributors to the scheme or as people who have acquired interests from holders);

      (iii) СКАЧАТЬ