CHAPTER 2N
-
UPDATING ASIC INFORMATION ABOUT COMPANIES, REGISTERED SCHEMES AND NOTIFIED FOREIGN PASSPORT FUNDS
[
CCH Note:
Ch 2N heading will be amended by No 69 of 2020, s 3, Sch 1
[
633], by omitting
"
ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
Ch 2N heading substituted by No 61 of 2018, s 3, Sch 2[120] (effective 18 September 2018).
PART 2N.1
-
REVIEW DATE
History
Part 2N.1 substituted by No 24 of 2003, s 3, Sch 1
[
30] (effective 1 July 2003).
SECTION 345A
MEANING OF REVIEW DATE
345A(1)
The
review date
for a company is:
(a)
either:
(i)
if the company became registered as a company after the commencement of this Act
-
the anniversary of the company
'
s registration as a company under this Act; or
(ii)
otherwise
-
the date of the company
'
s incorporation or registration as a company, as recorded in a register maintained by ASIC under section
1274
; or
(b)
if a choice of a different date has effect under section
345C
-
that different date.
[
CCH Note:
S 345A(1) will be amended by No 69 of 2020, s 3, Sch 1[634], by substituting
"
under section 118
"
for
"
in a register maintained by ASIC under section 1274
"
in para (a)(ii) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
345A(1A)
If:
(a)
a company was incorporated as a company or became registered as a company before the commencement of this Act; and
(b)
there is no date of incorporation of the company as a company or registration of the company as a company recorded in a register maintained by ASIC under section
1274
; and
(c)
paragraph
(1)(b)
does not apply to the company;
the
review date
for the company is the date determined by ASIC and notified to the company.
[
CCH Note:
S 345A(1A) will be amended by No 69 of 2020, s 3, Sch 1[635] and
[
636], by substituting
"
under section 118
"
for
"
in a register maintained by ASIC under section 1274
"
in para (b) and
"
determined by the Registrar
"
for
"
determined by ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
345A(1B)
If, apart from this subsection, the review date for a company would be February 29, the
review date
for the company is February 28.
345A(2)
The
review date
for a registered scheme is:
(a)
the anniversary of the scheme
'
s registration as a registered scheme; or
(b)
if a choice of a different date has effect under section
345C
-
that different date.
History
S 345A inserted by No 24 of 2003, s 3, Sch 1
[
30].
345A(3)
The
review date
for a notified foreign passport fund is:
(a)
the anniversary of the day on which the fund first became a notified foreign passport fund; or
(b)
if a choice of a different date has effect under section
345C
-
that different date.
History
S 345(3) inserted by No 61 of 2018, s 3, Sch 2[121] (effective 18 September 2018).
SECTION 345B
COMPANY, RESPONSIBLE ENTITY OR OPERATOR MAY CHANGE REVIEW DATE
345B(1)
With ASIC
'
s approval, a company may choose as its review date a date that is different from the anniversary of its registration.
[
CCH Note:
S 345B(1) will be amended by No 69 of 2020, s 3, Sch 1[637], by substituting
"
the Registrar
'
s
"
for
"
ASIC
'
s
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
345B(2)
With ASIC
'
s approval, the responsible entity of a registered scheme may choose as the review date for the scheme a date that is different from the anniversary of its registration.
[
CCH Note:
S 345B(2) will be amended by No 69 of 2020, s 3, Sch 1[637], by substituting
"
the Registrar
'
s
"
for
"
ASIC
'
s
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
345B(2A)
With ASIC
'
s approval, the operator of a notified foreign passport fund may choose as the review date for the fund a date that is different from the anniversary of the day on which the fund first became a notified foreign passport fund.
History
S 345B(2A) inserted by No 61 of 2018, s 3, Sch 2[123] (effective 18 September 2018).
345B(3)
If ASIC approves the choice, ASIC must notify the company, responsible entity or operator in writing.
[
CCH Note:
S 345B(3) will be amended by No 69 of 2020, s 3, Sch 1[638], by substituting
"
the Registrar
"
for
"
ASIC
"
(wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
S 345B(3) amended by No 61 of 2018, s 3, Sch 2[124] (effective 18 September 2018).
History
S 345B inserted by No 24 of 2003, s 3, Sch 1
[
30].
SECTION 345C
345C
WHEN CHOICE HAS EFFECT
If ASIC notifies the company, responsible entity or operator of its approval under section
345B
, the choice has effect:
(a)
if the different date occurs before the next review date for the company, scheme or fund
-
at the time that ASIC notifies its approval; or
(b)
otherwise
-
immediately after the next review date for the company, scheme or fund.
[
CCH Note:
S 345C will be amended by No 69 of 2020, s 3, Sch 1[639], by substituting
"
the Registrar
"
for
"
ASIC
"
(wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
S 345C amended by No 61 of 2018, s 3, Sch 2[125] and
[
126] (effective 18 September 2018).
S 345C inserted by No 24 of 2003, s 3, Sch 1
[
30].