Corporations Act 2001
CHAPTER 5C
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MANAGED INVESTMENT SCHEMES
PART 5C.4
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THE COMPLIANCE PLAN
SECTION 601HE
CHANGING THE COMPLIANCE PLAN
Responsible entity ' s powers
601HE(1)
The responsible entity of a registered scheme may modify the scheme ' s compliance plan or repeal it and replace it with a new compliance plan.
ASIC may require modifications
601HE(2)
ASIC may direct the responsible entity of a registered scheme to modify the scheme ' s compliance plan, as set out in the direction, to ensure that the plan is consistent with section 601HA . The direction is to be given by notice in writing to the responsible entity.
Lodgment of modification or new plan
601HE(3)
The responsible entity must lodge with ASIC a copy of a modification of the scheme ' s compliance plan or of a new compliance plan within 14 days after the modification is made or the old plan is repealed. The copy must be signed by all the directors of the responsible entity.
Modifying legislative instruments: The application of Ch 5C is affected by the following legislative instruments that commenced on or after 1 January 2022: ASIC Corporations (Asset Holding Standards for Responsible Entities) Instrument 2024/16.
CCH Note: Section 601HE is modified by the ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693; and the ASIC Corporations (Changing the Responsible Entity) Instrument 2023/681.
Responsible entity ' s powers
601HE(1)
The responsible entity of a registered scheme may modify the scheme ' s compliance plan or repeal it and replace it with a new compliance plan.
ASIC may require modifications
601HE(2)
ASIC may direct the responsible entity of a registered scheme to modify the scheme ' s compliance plan, as set out in the direction, to ensure that the plan is consistent with section 601HA . The direction is to be given by notice in writing to the responsible entity.
Lodgment of modification or new plan
601HE(3)
The responsible entity must lodge with ASIC a copy of a modification of the scheme ' s compliance plan or of a new compliance plan within 14 days after the modification is made or the old plan is repealed. The copy must be signed by all the directors of the responsible entity.
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