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Corporate Funding:

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It is generally the case that Corporate funding is regulated by the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulatory Authority (APRA). The controls of APRA and ASIC relate to the conduct of banks and financial institutions and business in general, with regards to matters such as reserve capital and risk.

Additionally it may be the case that the Corporations Act 2001 controls the relevant funding available to companies and the methods by which capital may be raised. In this sense, section 121 of the Corporations Act indicates the types of companies controlled by the Corporations Act which include:

  • Proprietary companies
    • Limited by shares
    • Unlimited with share capital
    • Public companies
      • Limited by shares
      • Limited by guarantee
      • Unlimited with share capital
      • No liability company

It may be the case that each form has different regulations on the raising of capital, or dilution of shares, and ASIC and APRA may further regulate this  funding.

In either case we would advise you to get in contact with us as soon as possible. If you are unsure of your obligations in relation to the Corporate Funding, or if you have had contact with the regulating body in relation to alleged breaches of the Act or applicable regulations, we recommend that you call our firm on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment to speak to one of our Compliance & Regulatory Law Solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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