Terms and
Conditions
Introduction
This agreement below pertains to companies
seeking investment though the issue of
securities to potential investors and is
not required per say for companies seeking
business or commercial finance; however; we
ask that those companies seeking business
or commercial finance, to also agree to
these terms, just in case they decide to
take on investment via the issue of
securities as an after thought.
Agreement
For any entity offering an investment
position in any securities or scheme
interests:
I /We agree that I/We have the legal
right to market an investment opportunity
to potential investors under the
corporate/securities laws pertaining to
my/our country of origin.
I/We confirm that we have sought legal
advice that our offer is in compliance with
any regulation stipulated by the
Corporations Act 2001.
I/We confirm that we will not take on
investment from any investors that are not
qualified by law to make such an
investment, either due to the corporate /
securities laws pertaing to my/our location
or of the corporate / securities laws
pertaining to that of any potential
investor's country of origin (Off Shore
Investors).
I/We confirm that EquityAssist.net bares
no responsibility whatsoever for publishing
any information provided by me/us.
I/We agree that the extent of
EquityAssist.net's services simply relate
to offering a matching site for Companies
seeking financing or investment to be
introduced to registered potential
investors or financiers as an initial
introduction only; and that any information
provided via EquityAssist.net does not
remove the obligation of any entity seeking
investment to comply with all laws in doing
so.
Terms of
Application
EquityAssist.net shall only reveal
information on matters which the Business
Operator (entity seeking introductions to
potential investors or financiers) is
prepared to have EquityAssist.net
disclose.
EquityAssist.net do not guarantee
introductions, financing or investment.
I/We understand that unless otherwise
specified in a Confidentiality Agreement,
all information which I/We provide to
EquityAssist.net is available to potential
investors/funders and that EquityAssist.net
are free to provide that information
without further recourse.
I/We warrant the accuracy and
completeness of information that I/We, or
My/Our Nominated Representatives supply to
EquityAssist.net and shall indemnify and
hold and EquityAssist.net harmless against
any action claim or demand howsoever
arising from any error or omission in that
information.
I/We accept the responsibility for
informing EquityAssist.net immediately of
any change in, or discovery of, information
that in any way could be considered
relevant to potential investors or
financiers.
EquityAssist.net may at its discretion
decline to use, display supplied
information.
I/We shall indemnify and hold
EquityAssist.net harmless against any
action claim or demand howsoever arising
from non compliance with any corporations
or securities law breach relating to either
the entity seeking investment / finance, or
as a result of any investment or funding
transaction ultimately occurring.
Australian Companies Companies
Seeking Investment (1)
Sophisticated Investors,
Professional Investors or Eligible
International Investors.
1.) International Investors (Outside
Australia)
International Investors may make
investments into Australian companies at
there own discretion.
2.) Investors within Australia however must
comply with the following:
For Sophisticated Investors - Section 708
(8) of the Corporations Act 2001.
Sophisticated Investors need to be
certified by a qualified accountant as
having $2.5 Million dollars AUD in net
assets, or an annual gross income of
$250,000 AUD for the past two years.
Certification required!
Or
For Professional Investors - Section 708
(11) of the Corporations Act 2001.
Professional Investors need to be certified
by a qualified accountant as being a
professional body with at least $10,000,000
AUD under Management. Certification
required!
Australian Companies Companies Seeking
Investment (2).
Exempt Offerings – Subject to
the ASIC Class Order 02/273 - Via an
Investment Matching Service such as
EquityAssist.net
International Investors may make
investments into Australian companies at
there own discretion under this type of
offering.
Any other offering via an Australian
company within Australia utilizing
EquityAssist.net as an investment
introduction and matching service under the
ASIC Class Order 02/273 are still bound by
other parts of the Corporations Act 2001
unless exempt by the ASIC Class Order
02/273.
Under the ASIC Class Order 02/273 any
potential investors must be provided with
the following warnings and information in
documentation provided to them:
Investing in new business carries high risk
and is speculative.
Information listed herein is not intended
to be the only information on which you
make your investment decisions for the
purpose of subscribing for or buying
securities.
This document is not a substitute for a
prospectus or any other notice required
under the Corporations Act 2001 (Australia)
or any other relevant law.
Other than dealings with “Off Shore,
Sophisticated or Professional Investors”
all fund raising procedures are subject to
the ASIC Class Order [CO 02/273].
You should make further inquiries to
make sure you get all the information you
need to decide whether or not to invest.
This may include getting further
information such as accounts, business
plans, information about ownership of
intellectual property, or expert opinions
including valuations, auditor’s reports and
checking information which has already been
provided to you before you decide to invest
in an opportunity by subscribing to or
investing in securities.
You are strongly advised to take
appropriate professional advice.
There is no established market for the
restricted unquoted securities in this
company and a 10 day cooling off period
applies to any application forms or
contractual agreements.
The information provided has been
prepared by, or on behalf of, the business
seeking capital. ASIC has not reviewed or
vetted this information to ascertain
whether it is reliable, accurate or
complete.
The provider of this material has not
necessarily reviewed or vetted the
material.
Having no formal market, shares in these
companies can only be sold or transferred
by private treaty via the company’s share
register. This may be done at any time
subject to any restrictions in the
Corporations Act 2001 and will have effect
upon registration as provided in the
company’s constitution.
The provider of this information implies
no guarantees or warranties.
I/We understand that EquityAssist.net is
not a licensed financial advisory company
and does not offer any legal or financial
advice whatsoever. Refer to ASIC Policy
Statement 129.
No legal or financial advice implied
- Always seek professional advice in
concert with any information provided
through this site.
