Fundraising restrictions on advertising and cold calling
Important notice: Fundraising disclosure documents are now lodged with ASIC through the ASIC Regulatory Portal. For more information, see how you lodge corporate finance and fundraising documents.
There are significant restrictions on advertising and 'cold calling' (that is, calling members of the public without their prior consent) in relation to investments that require a disclosure document.
You are generally not allowed to cold call members of the public to sell securities, although if you are an Australian financial services licensee you may do so in certain circumstances. For more information see Regulatory Guide 38 The hawking prohibitions (RG 38).
If a disclosure document is required for the offer of securities you cannot advertise the offer until the disclosure document has been lodged. When the disclosure document has been lodged you may advertise the offer as long as that advertising includes a statement that:
- offers will be made in or accompanied by a copy of the disclosure document, and
- anyone wishing to buy securities will need to complete the application form in the disclosure document.
For more information see Regulatory Guide 254 Offering securities under a disclosure document (RG 254).