Overview
QUESTION A
Your task is to research “due diligence” in the context of fundraising under Chapter 6D of the Corporations Act, and to present the results of your research.
In setting about this task you may be assisted by thinking about the following questions:
What does “due diligence” actually mean in this context? Is due diligence legally required? How does the legal regime in Chapter 6D operate in relation to due diligence? Are there any particular lessons for foreign companies seeking to issue securities into the Australian market?
You should structure your answer in whatever way you think will best present your research results. It is certainly not necessary to follow the order of the questions as set out above, which are only to get you thinking.
Suggestion for your research: you may find it useful to start by looking at resources on the ASIC website, but you should not limit your research to ASIC sources.
OR
QUESTION B
Your task is to research the regulation of marketing securities in an initial public offering (IPO) under Chapter 6D of the Corporations Act, and to present the results of your research.
In setting about this task you may be assisted by thinking about the following questions:
What is the legal context for marketing securities in an IPO in Australia? What are the purposes of the regulatory regime in this respect? Does the existing regime in Chapter 6D adequately deal with marketing through social media and digital platforms? How does Chapter 6D apply to the marketing in a foreign country of an Australian securities issue?
You should structure your answer in whatever way you think will best present your research results. It is certainly not necessary to follow the order of the questions as set out above, which are only to get you thinking.
Suggestion for your research: you may find it useful to start by looking at resources on the ASIC website, but you should not limit your research to ASIC sources.