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21 November 06 CiTiConsulting Pty Ltd of Victoria

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CiTiConsulting Pty Ltd of Victoria 
 
21 November 2006
 
 
The Professional Conduct Tribunal found a case established that CiTiConsulting Pty Ltd was liable to disciplinary action in accordance with By-law 40(e), in that on 8 August 2006 on the application of the Australian Securities & Investments Commission the Federal Court of Australia ordered by consent that it:

    1. had contravened section 1041H of the Corporations Act 2001 and section 12DA of the Australian Securities and Investments Commission Act 2001 by sending a letter and attached authority to former shareholders of a company; 
     
    2. be restrained from sending any letter and attached authority in the form or to the effect of the letter and authority to former shareholders of the company; 
     
    3. be restrained from taking any steps to enforce any agreement to pay a fee pursuant to the authority; 
     
    4. send to each of the former shareholders of the company who had signed the authority, a written notice to the effect that the letter and authority sent to such shareholders is misleading and in breach of section 1041H of the Corporations Act 2001 and section 12DA of the ASIC Act 2001 and that the authority is cancelled; 
     
    5. pay ASIC’s costs of the proceedings.
The decision of the Tribunal was that CiTiConsulting Pty Ltd be severely reprimanded and required to pay $600 plus GST towards the costs of the disciplinary action.