Corporations Act 2001
The constitution of a registered scheme may be modified, or repealed and replaced with a new constitution:
(a) by special resolution of the members of the scheme; or
(b) by the responsible entity if the responsible entity reasonably considers the change will not adversely affect members ' rights. 601GC(2)
The responsible entity must lodge with ASIC a copy of the modification or the new constitution. The modification, or repeal and replacement, cannot take effect until the copy has been lodged.
[ CCH Note 1: S 601GC(2) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601GC(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 601GC(2A) will read:
Lodgement of the copy must meet any requirements of the data standards.]
The responsible entity must lodge with ASIC a consolidated copy of the scheme ' s constitution if ASIC directs it to do so.
[ CCH Note: S 601GC(3A) and (3B) 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 601GC(3A) and (3B) will read:
The responsible entity must lodge with the Registrar a consolidated copy of the scheme ' s constitution if ASIC directs it to do so.
If the copy is lodged with the Registrar, the lodgement must meet any requirements of the data standards.]
The responsible entity must send a copy of the scheme ' s constitution to a member of the scheme within 7 days if the member:
(a) asks the responsible entity, in writing, for the copy; and
(b) pays any fee (up to the prescribed amount) required by the responsible entity.
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