Offences
- Carrying on business using “Limited”, “No Liability” or “Proprietary” in name
- Good faith, use of position and use of information—criminal offences
- Listed company—director to notify market operator of shareholdings etc.
- Disqualified person not to manage corporations
- Proxy vote if appointment specifies way to vote
- Public company must hold AGM
- Lodgment of annual reports with ASIC
- Lodgment of half-year reports with ASIC
- Officers to report to controller about corporation’s affairs
- Directors to help administrator
- Directors to help administrator
- Information about the company’s affairs
- Officers to help liquidator
- Liquidator’s rights to company’s books
- Director’s duty to prevent insolvent trading by company
- Offences by officers of certain companies
- Incurring of certain debts; fraudulent conduct
- When a managed investment scheme must be registered
- Prohibition on certain acquisitions of relevant interests in voting shares
- Continuous disclosure—listed disclosing entity bound by a disclosure requirement in market listing rules
- Need for an Australian financial services licence
- Providing financial services on behalf of a person who carries on a financial services business
- Effect of banning orders
- Financial services licensee to prepare and lodge annual profit and loss statement and balance sheet
- Market manipulation
- False trading and market rigging—creating a false or misleading appearance of active trading etc.
- False trading and market rigging—artificially maintaining etc. trading price
- Dissemination of information about illegal transactions
- False or misleading statements
- Inducing persons to deal
- Dishonest conduct
- Prohibited conduct by person in possession of inside information
- Registers
- Falsification of books
- False or misleading documents
- False information etc.
- Obstructing or hindering ASIC etc.
- Automatic disqualification—convictions, bankruptcy and foreign court orders etc
- Part 9.4 Divisions 2 Offences generally
Providing financial services on behalf of a person who carries on a financial services business
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Offence title: |
Providing financial services on behalf of a person who carries on a financial services business
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Act: |
911B Corporations Act |
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Offence: |
(1) A person can only provide a financial service on behalf of another, who carries on a financial services business if one of more of the following apply: (a) these conditions are satisfied: i. the principal holds an Australian Financial Services Licence (AFSL) covering the service; and ii. the person is an employee or director of the principal or of a related body corporate of the principal; and iii. the person is not an employee or director or authorised representative, of any other person who carries on a financial services business and who is not a related body corporate of the principal; and iv. the provider is not an employee or director, or authorised representative, of a related body corporate of a person of the kind mentioned in subparagraph (iii); (b) these conditions are satisfied: i. the principal holds an Australian Financial Services Licence (AFSL) covering the service; and ii. the provider is an authorised representative of the principal; and iii. the authorisation covers the provision of the service by the provider; and iv. in the case of a person who is an employee or director of any other person (the second principal) who carries on a financial services business, or of a related body corporate of such a second principal—if the provider provides any financial services in this jurisdiction on behalf of the second principal, the provider does so as an authorised representative of the second principal; (c) these conditions are satisfied: i. the principal holds an Australian Financial Services Licence (AFSL) covering the service; and ii. the person is an employee of an authorised representative of the principal; and iii. the authorisation covers the provision of the service by the authorised representative; and iv. the service is the provision of a basic deposit product or of a facility for making non-cash payments (see section 763D) that is related to a basic deposit product, or is the provision of a financial product of a kind prescribed by regulations made for the purposes of this subparagraph; (d) the provider holds their own Australian financial services licence covering the provision of the service; Note: However, in general a financial services licensee cannot be the authorised representative of another financial services licensee: see s. 916D and 916E. (e) if the principal provided the service, the principal would not need an Australian financial services licence because the provision of the service would be exempt under subsection 911A(2). Note 1: Also, a person must not provide a financial service on behalf of another person contrary to a banning order or disqualification order under Division 8. Note 2: Failure to comply with this subsection is an offence: s. 1311(1). (2) Paragraphs (1)(a), (b) and (c) do not apply if the person is a financial services licensee, unless the principal is an insurer and the provider is acting under a binder given by the principal.
(3) If (1)(d) applies, then, for the purposes of the other provisions of this Chapter, the service is taken to be provided by the provider (and not by the principal) unless regulations made for the purposes of this subsection provide otherwise. (4) A person contravenes this subsection if the person contravenes subsection (1). Note: This subsection is a civil penalty provision: s.1317E. |
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Penalty: |
(1) 5 years imprisonment |
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Summary/Indictable/mixed: |
Mixed |
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Jurisdiction: |
Local, District or Supreme Court |
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How committed: |
A managing director, having read the profit and loss statement, is aware the company has no assets, but continues to order stock to try to trade out of the financial position, aware that the income will not be due before the payment required for the stock ordered.
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Important note: |
(3A) For the purposes of an offence based on subsection (3), absolute liability applies to paragraph (3)(a).
(3B) For the purposes of an offence based on subsection (3), strict liability applies to paragraphs (3)(aa) and (b).
(3) The provisions of Division 4 of this Part are additional to, and do not derogate from, Part 9.4B as it applies in relation to a contravention of this section. |