Raising Finance Illegally – Debentures

Author: Michael Adendorff

Michael is the principal of Adendorffs Solicitors & Conveyancers based in Coffs Harbour.

Thursday, August 21st, 2008

In April 2008, the former directors of International Finance Corporation Pty Ltd (in liquidation) (IFC) were found guilty on several charges following investigation by the Australian Securities and Investments Commission (ASIC).

The directors were charged with having aided IFC issuing debentures to investors in breach of the Corporations Act.

The charges related to 22 debentures offered and issued to investors who loaned approximately $1.23 million to IFC in contravention of the Corporations Act.   The Corporations Act requires ASIC approval for a company to issue debentures to more than 20 investors or more than $2 million in 12 months.

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