Advertising for Investors and ASIC rules

Discussion in 'Business Accounting, Tax & Legal' started by Simon Hampel, 17th Sep, 2016.

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  1. Simon Hampel

    Simon Hampel Founder Staff Member

    Joined:
    3rd Jun, 2015
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    Location:
    Sydney
    Does anyone have any experience or deep knowledge of the rules regarding advertising for investors in a business venture? In my specific case, I'm looking for a better understanding of my obligations as the publisher of a website where businesses may come seeking investors (and conversely, investor may come seeking businesses to invest in).

    I recently came across ASIC Class Order [CO 02/0273], which discusses exemptions to the fundraising provisions of the corporations act specifically for those people running a "business introduction service" and not specifically offering securities.

    I haven't had time to digest this fully yet, but given how frequently I get asked about these things, I'm thinking it may be worthwhile exploring this further to see if I can allow people to advertise for investors legitimately.

    Until now, I've been refusing to publish such things on the grounds that they may be against ASICs rules - but if there is a way I can legitimately allow it to happen (in a controlled manner), I'd like to explore that possibility.
     
  2. abbyfresh

    abbyfresh Well-Known Member

    Joined:
    2nd Jul, 2015
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    Location:
    VIC
    Wouldn't it surround not recommending, endorsing or selling such deals directly? Instead just being the publisher / advertiser / channel for deals to be promoted / discussed with the standard disclaimers that cover you?