THE CORPORATIONS LAW
CCH Note:
Part 13 of the Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82 The Corporations Law is as follows:...
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The constitution of a registered scheme may be modified, or repealed and replaced with a new constitution: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.