CORPORATIONS ACT 2001

CHAPTER 5C - MANAGED INVESTMENT SCHEMES  

PART 5C.2 - THE RESPONSIBLE ENTITY  

Division 2 - Changing the responsible entity  

SECTION 601FQ   TEMPORARY RESPONSIBLE ENTITY TO TAKE STEPS FOR APPOINTMENT OF NEW RESPONSIBLE ENTITY  

601FQ(1)   [ Members' meeting]  

The temporary responsible entity of a registered scheme must call a members' meeting for the purpose of the members, by resolution, choosing a company to be the new responsible entity. The resolution must be an extraordinary resolution if the scheme is not listed. The temporary responsible entity must call the meeting as soon as practicable and, in any event, within 3 months of becoming the temporary responsible entity.

601FQ(2)   [ Further meeting]  

Within that 3 months, the temporary responsible entity may call further members' meetings for the purpose of choosing a company to be the new responsible entity. Before the end of the 3 months, it may apply to the Court for an extension of that period. If the Court grants the extension, the temporary responsible entity may, within the extended period, call further members' meetings for the purpose of choosing a company to be the new responsible entity.

601FQ(3)   [ New responsible entity]  

Provided it still meets the requirements in section 601FA, nothing prevents the company that is the temporary responsible entity from being chosen as the new responsible entity.

601FQ(4)   [ Lodgment with ASIC]  

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, the temporary responsible entity must, as soon as practicable, 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. ASIC must comply with the notice when it is lodged.

601FQ(5)   [ Winding up]  

The temporary responsible entity must apply to the Court for an order directing it to wind up the scheme, and the Court may make the order, if:


(a) no meeting is called within the 3 months or extended period for the purpose of choosing a new company to be the responsible entity; or


(b) the meeting or meetings called within that period for that purpose have not resulted in the members choosing a company to be the new responsible entity that consents to becoming the scheme's responsible entity.

ASIC or a member of the scheme may apply for the order if the temporary responsible entity does not do so.

601FQ(6)   [ Consent]  

The temporary responsible entity must not lodge a notice under subsection (4) unless the consent referred to in that subsection has been given before the notice is lodged.


 

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