Corporations Act 2001
CHAPTER 8B
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CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 8B.6
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EXTERNAL ADMINISTRATION AND DEREGISTRATION
Division 7
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External administration offences
SECTION 1238E
INTERPRETATION OF CEASED TO CARRY ON BUSINESS
1238E(1)
For the purposes of Part 5.8 , a sub-fund is taken to have ceased to carry on business only if: (a) 2 months have passed since a notice under subsection 1239(5) (about voluntary deregistration of a sub-fund) relating to the sub-fund was published and ASIC has not been informed that the part of the business of the CCIV that is registered as the sub-fund is being carried on; or (b) ASIC has published a notice under subsection 1239B(1) (about ASIC initiated deregistration of a sub-fund) relating to the sub-fund.
1238E(2)
Subsection 589(3) does not apply to determine when a sub-fund of a CCIV is taken to have ceased to carry on business.
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.6 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.6, 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.
For the purposes of Part 5.8 , a sub-fund is taken to have ceased to carry on business only if: (a) 2 months have passed since a notice under subsection 1239(5) (about voluntary deregistration of a sub-fund) relating to the sub-fund was published and ASIC has not been informed that the part of the business of the CCIV that is registered as the sub-fund is being carried on; or (b) ASIC has published a notice under subsection 1239B(1) (about ASIC initiated deregistration of a sub-fund) relating to the sub-fund.
1238E(2)
Subsection 589(3) does not apply to determine when a sub-fund of a CCIV is taken to have ceased to carry on business.
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