Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.3 - CORPORATE GOVERNANCE OF CCIVs  

Division 5 - Member protection  

Subdivision A - Related party transactions by retail CCIVs to be approved at sub-fund level  

SECTION 1227   APPLICATION OF CHAPTER 2E TO RETAIL CCIVs  

1227(1)    
Subject to this Part, Chapter 2E applies:

(a)    to a retail CCIV in the same way as it applies to a public company; and

(b)    to an entity a retail CCIV controls in the same way as it applies to an entity a public company controls.

1227(2)    
In its application in relation to a retail CCIV, the members whose interests the rules in Chapter 2E are designed to protect are:

(a)    if one sub-fund would be affected by the giving of the relevant financial benefit to the related party - the members, as a whole, of that sub-fund; or

(b)    if 2 or more sub-funds would be affected by the giving of the relevant financial benefit to the related party - the members, as a whole, of each such sub-fund.

1227(3)    
Chapter 2E does not apply to a wholesale CCIV.