Corporations Act 2001
If the responsible entity of a registered scheme wants to retire, it must call a members ' meeting to explain its reason for wanting to retire and to enable the members to vote on a resolution to choose a company to be the new responsible entity. The resolution must be an extraordinary resolution if the scheme is not listed. 601FL(2)
If the members choose a company to be the new responsible entity and that company has consented, in writing, to becoming the scheme ' s responsible entity:
(a) as soon as practicable and in any event within 2 business days after the resolution is passed, the current responsible entity must lodge a notice with ASIC asking it to alter the record of the scheme ' s registration to name the chosen company as the scheme ' s responsible entity; and
(b) if the current responsible entity does not lodge the notice required by paragraph (a), the company chosen by the members to be the new responsible entity may lodge that notice; and
(c) ASIC must comply with the notice when it is lodged.
[ CCH Note 1: S 601FL(2) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar " for " ASIC " in para (a) and (c) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601FL(2A) will be inserted by No 69 of 2020, s 3, Sch 1 (effective 22 June 2022 or a day or days to be fixed by Proclamation). S 601FL(2A) will read:
The notice must meet any requirements of the data standards.]
If the members do not choose a company to be the new responsible entity, or the company they choose does not consent to becoming the scheme ' s responsible entity, the current responsible entity may apply to the Court for appointment of a temporary responsible entity under section 601FP . 601FL(4)
A person must not lodge a notice under subsection (2) unless the consent referred to in that subsection has been given before the notice is lodged.
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