Corporations Act 2001
CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 8B.3 - CORPORATE GOVERNANCE OF CCIVs
CCH note - modifying legislative instruments: The application of Pt 8B.3 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.3, 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.
CCH Note: Division 1 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
Subdivision C - Minimum content requirements for the constitution of a CCIV
CCH Note: Subdivision C is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
SECTION 1223G
1223G RETAIL CCIV - BASIC CONTENT REQUIREMENTS
CCH Note: Section 1223G is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
A retail CCIV ' s constitution must do the following:
(a) make provision for the establishment of sub-funds, and classes of shares referable to sub-funds;
(b) make provision for the method by which complaints made by members in relation to the CCIV are to be dealt with;
(c) state that the CCIV has the power to borrow or raise money;
(d) if there are to be any limits on the CCIV ' s exercise of the power to borrow or raise money - sets out those limits;
(e) if the CCIV is to acquire in respect of any of its sub-funds, one or more shares that are referable to another of its sub-funds - make provision for such acquisitions.
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