Kim Dotcom is a famous (some say notorious) online financial services and technology entrepreneur. Kim is a
Question:
Kim Dotcom is a famous (some say notorious) online financial services and technology entrepreneur. Kim is a do-it-by-himself-kind-of-guy and super smart. After being falsely arrested by the FBI for his online money-making ventures, Kim has come up with another idea to make his next billion dollars. Kim wants to set up an online file sharing site but he needs investors to help him fund the venture this time because the FBI have frozen all his assets. Kim wants investors to give him gold bullion in return for a share of profits from the new file sharing site venture. Kim promises to use the gold exclusively for developing and implementing the file sharing site. However, Kim says that investors will not and won't be able to control him or influence any decision he may make in relation to the file sharing site. You are interested and give Kim some gold and in return Kim gives you a certificate entitled 'The Big Kim Dotcom Product Certificate'. Kim's venture goes pear-shaped and all investors lose their money. It's not Kim's fault. Apple came up with the same idea and it worked for Apple. Is the 'The Big Kim Dotcom Product Certificate' a 'financial product'? Justify your answer making specific reference to the provisions of Chapter 7 of the Corporations Act 2001