Corporations Act 2001
CHAPTER 8B
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CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 8B.6
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EXTERNAL ADMINISTRATION AND DEREGISTRATION
Division 5
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Winding up of sub funds
Subdivision C
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Winding up of a sub-fund in insolvency
SECTION 1237J
SUBSTITUTION OF SUB-FUND WHERE STATUTORY DEMAND NOT RELIED ON
1237J(1)
This section applies if: (a) a creditor applies under section 459P for a sub-fund of the CCIV to be wound up in insolvency; and (b) the application does not rely on a failure by the CCIV to comply with a statutory demand.
1237J(2)
The Court may by order substitute, in an application under section 459P , the sub-fund or sub-funds of the CCIV in respect of which the application is made.
1237J(3)
The Court may only make an order if: (a) a notice complying with subsection (5) is filed with the Court; and (b) the Court thinks it is appropriate to do so.
1237J(4)
After the order is made, the application has effect, and may be proceeded with, as if the substituted sub-fund or sub-funds had been the original sub-fund or sub-funds.
1237J(5)
A notice complies with this subsection in relation to a creditor if the notice specifies the following information for each of the creditor ' s debts: (a) the sub-fund or sub-funds of the CCIV of which the debt is a liability; (b) if the debt is a liability of 2 or more sub-funds of the CCIV - the amount of the debt allocated to each sub-fund.
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.6 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.6, 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.
This section applies if: (a) a creditor applies under section 459P for a sub-fund of the CCIV to be wound up in insolvency; and (b) the application does not rely on a failure by the CCIV to comply with a statutory demand.
1237J(2)
The Court may by order substitute, in an application under section 459P , the sub-fund or sub-funds of the CCIV in respect of which the application is made.
1237J(3)
The Court may only make an order if: (a) a notice complying with subsection (5) is filed with the Court; and (b) the Court thinks it is appropriate to do so.
1237J(4)
After the order is made, the application has effect, and may be proceeded with, as if the substituted sub-fund or sub-funds had been the original sub-fund or sub-funds.
1237J(5)
A notice complies with this subsection in relation to a creditor if the notice specifies the following information for each of the creditor ' s debts: (a) the sub-fund or sub-funds of the CCIV of which the debt is a liability; (b) if the debt is a liability of 2 or more sub-funds of the CCIV - the amount of the debt allocated to each sub-fund.
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