Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH Note: Part 7.6 (other than Divs 4 and 8) is modified by ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449.
[ CCH Note: Subdiv B heading will be amended by No 115 of 2021, s 3, Sch 2[2], by inserting " etc. " at the end, (effective 28 October 2025 or a day to be fixed by Proclamation. However, if the provisions do not commence within the period of 4 years beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period).]
Notices must be given under sections 922D and 922H in relation to a person who was a relevant provider even if the person ceases to be a relevant provider before a notice has been lodged under section 922D .
A notice is not required to be given under section 922HB in relation to a person if: (a) the person was a relevant provider at the end of a financial services licensee ' s CPD year; and (b) the person was authorised at that time to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products; and (c) the person ceases to be a relevant provider within 30 business days of becoming a relevant provider. 922P(3)
A notice is not required to be given under sections 922J and 922K in relation to a person who starts or ceases to have control of a body corporate licensee if the person ceases to have control of the licensee within 30 business days of starting to have control of the licensee.
[
CCH Note:
S 922PA will be inserted by No 115 of 2021, s 3, Sch 2[5] (effective 28 October 2025 or a day to be fixed by Proclamation. However, if the provisions do not commence within the period of 4 years beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period). S 922PA will read:
SECTION 922PA OBLIGATION FOR PERSONS REGISTERED UNDER SUBSECTION 921ZC(1) TO NOTIFY REGISTRAR OF CERTAIN CHANGES
922PA(1)
A person must lodge a notice with the Registrar if:
(a)
a registration of the person under subsection
921ZC(1)
is in force; and
(b)
there is a change in a matter, particulars of which are entered for the person under section
922Q
, in the records maintained under section
922A
(other than a change that is a direct consequence of an act by ASIC); and
(c)
the change is of a kind specified in the data standards for the purposes of this paragraph.
922PA(2)
The notice must:
(a)
be lodged within 30 business days after the change; and
(b)
meet any requirements of the data standards.
922PA(3)
A person commits an offence if:
(a)
the person is required to lodge a notice in accordance with this section; and
(b)
the person fails to do so.]
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