THE CORPORATIONS LAW

CHAPTER 5C - MANAGED INVESTMENT SCHEMES

PART 5C.3 - THE CONSTITUTION

SECTION 601GC   CHANGING THE CONSTITUTION  

601GC(1)  [Changing the constitution]  

The constitution of a registered scheme may be modified, or repealed and replaced with a new constitution:

(a)  by special resolution of the members of the scheme; or

(b)  by the responsible entity if the responsible entity reasonably considers the change will not adversely affect members' rights.

601GC(2)  [Lodgment with ASIC]  

The responsible entity must lodge with ASIC a copy of the modification or the new constitution. The modification, or repeal and replacement, cannot take effect until the copy has been lodged.

601GC(3)  [Consolidated copy]  

The responsible entity must lodge with ASIC a consolidated copy of the scheme's constitution if ASIC directs it to do so.

601GC(4)  [Copy to member]  

The responsible entity must send a copy of the scheme's constitution to a member of the scheme within 7 days if the member:

(a)  asks the responsible entity, in writing, for the copy; and

(b)  pays any fee (up to the prescribed amount) required by the responsible entity.




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