Corporations Act 2001
CCH note - modifying legislative instruments: The application of Pt 8B.2 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 8B.2, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
The requirements for registration of a company as a CCIV are as follows: (a) the company is a company limited by shares; (b) the company has a constitution; (c) the sole proposed director of the company is a public company that holds an Australian financial services licence authorising it to operate the business and conduct the affairs of a CCIV; (d) the company will, upon registration, have at least one sub-fund; (e) each sub-fund of the company will, upon registration, have at least one member; (f) a notice under subsection 1222A(4) (about whether a CCIV is to be a retail CCIV or a wholesale CCIV) has been lodged with the application; (g) if the company will, on registration, be a retail CCIV - the company has a compliance plan.
Note: CCIV is short for corporate collective investment vehicle, which is a type of company that can be registered under this Act: see section 112 .
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