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Report about units in collective investment scheme published and delivered to institutional investors

Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005

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The report referred to in section 300(4)(e) of the Act is a report about the units in the collective investment scheme which are the subject of the offer or intended offer, published and delivered to any institutional investor not later than 14 days prior to the date of lodgment of the prospectus, provided that the person issuing the report —(a)shall assign a specific number to each copy of the report;(b)shall keep a record of each person to whom he has distributed a copy of the report and the number referred to in paragraph (a) of the copy distributed to that person;(c)shall include on the front cover of each copy of the report —(i)the number referred to in paragraph (a) which is assigned to that copy of the report;(ii)a prominent statement that the report is distributed to institutional investors only;(iii)a prominent statement that the information contained in the report should not be disclosed by the recipient of the report to any other person;(iv)a prominent disclosure on the nature of any material interest in, or any material interest in the issue or sale of, the units in the collective investment scheme that are the subject of the report that he has as at the date of the report; and(v)a prominent disclosure on any relationship between him and the person making the offer of the units in the collective investment scheme which is material in the context of the offer;(d)shall not —(i)distribute any copy of the report; or(ii)disclose any information contained in the report (other than information that is publicly available prior to the date of the report),to any person other than an institutional investor; and(e)shall take all other reasonable steps as are necessary to prevent the leakage of information contained in the report (other than information that is publicly available prior to the date of the report) to any person who is not an institutional investor, including any person who, in the ordinary course of business, publishes a newspaper, periodical or magazine, or broadcasts by radio, television or other means of broadcasting or communication.

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