Corporations Act 2001
[ CCH Note: Ch 2N heading will be amended by No 69 of 2020, s 3, Sch 1 [ 633], by omitting " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: S 348A heading will be amended by No 69 of 2020, s 3, Sch 1[657], by inserting " THE REGISTRAR OR " before " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
ASIC may give to a company or responsible entity of a registered scheme a return of particulars for the company or scheme if ASIC suspects or believes that particulars recorded in relation to the company or scheme in a register maintained by ASIC under subsection 1274(1) are not correct.
[ CCH Note: S 348A(1) will be amended by No 69 of 2020, s 3, Sch 1[658] - [ 660], by substituting " The Registrar " for " ASIC " (first occurring), " the Registrar suspects " for " ASIC suspects " and " records maintained by the Registrar in the performance of functions or the exercise of powers under this Act " for " a register maintained by ASIC under subsection 1274(1) " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
348A(1A)
ASIC may give to the operator of a notified foreign passport fund a return of particulars for the fund if ASIC suspects or believes that particulars recorded in relation to the fund in a register: (a) that ASIC maintains, or ensures is maintained, under subsection 1214(1) ; or (b) that ASIC maintains under subsection 1274(1) ;
are not correct.
348A(2)
Subsection (2A) applies if an agreement or approval under subsection 352(1) covers the lodgment of a response to a return of particulars for a company, registered scheme or notified foreign passport fund.
[ CCH Note: S 348A(2) will be amended by No 69 of 2020, s 3, Sch 1[661], by omitting " company, registered scheme or " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
348A(2A)
ASIC may satisfy subsection (1) or (1A) by making the return of particulars available by electronic means to: (a) the company, the responsible entity of the scheme or the operator of the fund; or (b) an agent of the company, the responsible entity or the operator.
[ CCH Note: S 348A(2A) will be amended by No 69 of 2020, s 3, Sch 1[662], by omitting " (1) or " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
348A(3)
A return of particulars must specify the date of issue.
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