Corporations Act 2001
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Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.3 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 8B.3, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note: Division 6 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Subdivision B is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1228B is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
Subject to the modifications set out in this Subdivision, Part 2G.4 (about meetings of members of registered managed investment schemes) applies in relation to a sub-fund of a CCIV and the members of the sub-fund as if: (a) the sub-fund were a registered scheme; and (b) the members of the sub-fund were the members of that scheme; and (c) the corporate director of the CCIV were the responsible entity of that scheme; and (d) the CCIV ' s constitution were the scheme ' s constitution; and (e) the CCIV ' s compliance plan were the compliance plan of that scheme.
1228B(2)
Any power to prescribe, for the purposes of a provision of Part 2G.4 , a number of members of a particular registered scheme or class of scheme includes a power to prescribe, for the purposes of that provision as it applies under this section, a number of members of: (a) a particular sub-fund of a CCIV; or (b) a particular class of sub-funds of one or more CCIVs.
Note: Subsections 252B(1A) , 252L(1A) and 252N(2A) provide for the prescribing of numbers of members.
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