NSWIn ForceAct
Co-operatives (Adoption of National Law) Act 2012
88Application money to be held on trust
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#### 88 Application money to be held on trust
88 Application money to be held on trust
(cf Corporations Act s 722)
> > (1) If a person offers shares for issue or sale under a disclosure statement, the person must hold—
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> > > (a) all application money received from people applying for shares under the disclosure statement; and
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> > > (b) all other money paid by them on account of the shares before they are issued or transferred;
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> > in trust under this section for the applicants until—
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> > > (c) the shares are issued or transferred; or
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> > > (d) the money is returned to the applicants.
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> > Maximum penalty—$2,500 or imprisonment for 6 months, or both.
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> > (2) If the application money needs to be returned to an applicant, the person must return the money as soon as practicable.
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> > Maximum penalty—$2,500 or imprisonment for 6 months, or both.
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> > (3) An offence based on subsection (1) or (2) is an offence of strict liability.