Documents to be attached to all prospectuses delivered for registration

18 Documents to be attached to prospectus delivered for registration
  • (1) Every prospectus delivered to the Registrar for registration under the Act must have attached to it or be accompanied by—

    • (a) a copy of any material contract disclosed under clause 17 of Schedule 1, clause 10 of Schedule 2, clause 14 of Schedule 3, clause 14 of Schedule 4, clause 9 of Schedule 5, clause 11 of Schedule 5A, or clause 9 of Schedule 6, or, if the contract is not in writing, a document giving full particulars of the contract; and

    • (b) if a contract referred to in paragraph (a) is wholly or partly in a foreign language, a correct translation of the contract in English; and

    • (c) if a copy of an auditor's report is required to be contained in the prospectus under clause 28 of Schedule 1, clause 22 of Schedule 2, clause 25 of Schedule 3, clause 18 of Schedule 4, clause 12 of Schedule 5, clause 14 of Schedule 5A, or clause 12 of Schedule 6,—

      • (i) the signed report; and

      • (ii) a statement, dated not earlier than 7 days before the specified date and signed by the auditor (either in his or her own name or that of his or her firm), that he or she consents to the report appearing in the prospectus in the form in which it appears; and

    • (d) if regulation 6 applies to the prospectus, copies of the latest financial statements referred to in that regulation together with a copy of the auditor's report on those statements; and

    • (e) if Schedule 5 applies to the prospectus, specimen copies of life insurance policies to which the prospectus relates; and

    • (f) if Schedule 5A or 6 applies to the prospectus, a copy of the trust deed for the superannuation scheme to which the prospectus relates (incorporating or together with all amendments to the trust deed) except that—

      • (i) the copy of the trust deed need not include any provision of the trust deed that is information about an identifiable security holder or prospective investor; and

      • (ii) this paragraph does not apply in respect of a prospectus if a copy of the trust deed (incorporating or together with all amendments to the trust deed) has already been registered by, or filed with, the Registrar; and

    (2) Subclause (1)(a) and (b) do not apply in respect of a contract if the copy or document, and translation, has already been registered by, or filed with, the Registrar.

    Compare: SR 1983/121 r 7

    Regulation 18(1)(a): amended, on 1 July 2011, by regulation 6(1) of the Securities Amendment Regulations 2011 (SR 2011/226).

    Regulation 18(1)(c): amended, on 1 July 2011, by regulation 6(2) of the Securities Amendment Regulations 2011 (SR 2011/226).

    Regulation 18(1)(f): amended, on 1 July 2011, by regulation 6(3) of the Securities Amendment Regulations 2011 (SR 2011/226).