THE CORPORATIONS LAW

CHAPTER 5C - MANAGED INVESTMENT SCHEMES

PART 5C.10 - DEREGISTRATION

SECTION 601PB   DEREGISTRATION BY ASIC  

601PB(1)  [Deregistration criteria]  

ASIC may decide to deregister a registered scheme if:

(a)  the scheme does not have a responsible entity that meets the requirements of section 601FA; or

(b)  the scheme does not have a constitution that meets the requirements of sections 601GA and 601GB; or

(c)  the scheme does not have a compliance plan that meets the requirements of section 601HA; or

(d)  the scheme's property is not being:

(i) clearly identified as the scheme's property; and

(ii) held separately from property of the responsible entity and property of any other scheme;

in accordance with the scheme's compliance plan; or

(e)  the following conditions are satisfied:

(i) the annual return for the scheme is at least 6 months late; and

(ii) no other documents have been lodged by or on behalf of the scheme in the last 18 months; and

(iii) ASIC has no reason to believe that the scheme is being operated; or

(f)  the scheme has been wound up.

601PB(2)  Deregistration procedure.  

If ASIC decides to deregister a scheme under this section, it must give notice of the proposed deregistration:

(a)  to the scheme's responsible entity; and

(b)  to any other person who is winding up the scheme; and

(c)  on the national database; and

(d)  in the Gazette.

If the notice is given under paragraph (1)(a), (b), (c) or (d), the notice must specify the period at the end of which ASIC proposes to deregister the scheme.

601PB(3)  [ASIC may deregister]  

ASIC may deregister the scheme:

(a)  if paragraph (1)(a), (b), (c) or (d) applies - at the end of the period set out in the Gazette notice; or

(b)  if paragraph (1)(e) or (f) applies - when 2 months have passed since the Gazette notice.

601PB(4)  [Notice not required]  

ASIC does not have to give a person notice under subsection (2) if ASIC does not have the necessary information about the person's address.

601PB(5)  [Notice required]  

ASIC must give notice of the deregistration to everyone who was notified of the proposed deregistration under paragraph (2)(a) or (b).