Treasury Laws Amendment (2018 Measures No. 1) Act 2018 (23 of 2018)
Schedule 1 Regulatory reform
Part 5 Receivers, and other controllers, of property of corporations
Corporations Act 2001
38 After subsection 428(2)
Insert:
(2A) However, if the only property of the corporation in respect of which a receiver has been appointed, or in respect of which there is a controller, is:
(a) scheme property of any registered schemes of which the corporation is the responsible entity; or
(b) property the corporation holds on trust, if the corporation:
(i) is a licensed trustee company; or
(ii) holds an Australian financial services licence that covers the provision of custodial or depository services;
subsections (1) and (2) apply only to documents or instruments that relate to the relevant registered schemes and trusts. The statement may refer to those schemes and trusts.
Scheme property
(2B) A corporation must set out in every public document, and in every negotiable instrument, of the corporation that relates to a registered scheme, after the name of the corporation where it first appears, a statement that a receiver, or a receiver and manager, as the case requires, has been appointed, if:
(a) the corporation is the responsible entity of the registered scheme; and
(b) a receiver of scheme property (whether in or outside this jurisdiction or in or outside Australia) of the registered scheme has been appointed; and
(c) the scheme property is not property of the corporation.
The statement may refer to the registered scheme.
(2C) A corporation must set out in every public document, and in every negotiable instrument, of the corporation that relates to a registered scheme, after the name of the corporation where it first appears, a statement that a controller is acting, if:
(a) the corporation is the responsible entity of the registered scheme; and
(b) there is a controller (other than a receiver) of scheme property (whether in Australia or elsewhere) of the registered scheme; and
(c) the scheme property is not property of the corporation.
The statement may refer to the registered scheme.
Offence