Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.3 - CORPORATE GOVERNANCE OF CCIVs  

Division 6 - Meetings  

Subdivision B - Meetings of members of CCIVs or sub-funds  

SECTION 1228E   MEMBERS ' RESOLUTIONS  

1228E(1)    
Subsection 252L(1B) applies in relation to a CCIV as if:

(a)    the requirement in paragraph 252L(1B)(c) that the registered scheme be listed did not apply; and

(b)    the resolution is subject to a further requirement that it must not treat members of any sub-fund of the CCIV differently from members of any other sub-fund of the CCIV.

Note: The effect of paragraph (1)(a) is that subsection 252L(1B) will apply to all CCIVs, including a CCIV that is a listed company.

1228E(2)    
Subsection 252L(1B) applies in relation to one or more sub-funds of a CCIV as if:

(a)    paragraph 252L(1B)(c) did not apply; and

(b)    the resolution is subject to a further requirement that it must not affect the interests of any member of any other sub-fund of the CCIV.

Note: A CCIV that is a listed company has only one sub-fund, see section 1222N .