Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.6 - EXTERNAL ADMINISTRATION AND DEREGISTRATION  

Division 9 - Deregistration and transfer of registration  

Subdivision A - Deregistration  

SECTION 1239G   REINSTATEMENT OF A SUB-FUND  

1239G(1)    
The registration of a sub-fund of a CCIV may be reinstated under section 601AH as if the sub-fund were a company.

Note: Notice of the reinstatement must be given: see section 1239J .

1239G(2)    
If the registration of a sub-fund of a CCIV is reinstated under section 601AH , the sub-fund is taken to have been registered throughout the period it was deregistered.

1239G(3)    
The Court ' s power to make an order under subsection 601AH(3) includes the power to make an order in relation to the following:

(a)    the assets or liabilities of a sub-fund of a CCIV whose registration is reinstated;

(b)    the assets or liabilities of any other sub-fund of the CCIV which is affected by the reinstatement.

1239G(4)    
If the registration of a sub-fund of a CCIV is reinstated under section 601AH , any property of the CCIV that was property of the sub-fund that is still vested in the Commonwealth or ASIC revests in the CCIV. If the CCIV held particular property subject to a security or other interest or claim, the CCIV takes the property subject to that interest or claim.

Note: The CCIV must allocate the property to the sub-fund in accordance with Subdivision B of Division 3 of Part 8B.5 .

1239G(5)    
Subsections 601AH(1A) , (4) , (4A) and (5) do not apply in relation to the reinstatement of the registration of a sub-fund of a CCIV.

Registration as an Australian passport fund not reinstated

1239G(6)    
The reinstatement of the registration of a sub-fund of a CCIV does not result in the sub-fund ' s registration as a passport fund under Part 8A.3 being reinstated, even if the sub-fund was an Australian passport fund immediately before its deregistration.