Corporations Act 2001
CHAPTER 5C
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MANAGED INVESTMENT SCHEMES
PART 5C.3
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THE CONSTITUTION
SECTION 601GB
601GB
CONSTITUTION MUST BE LEGALLY ENFORCEABLE
The constitution of a registered scheme must be contained in a document that is legally enforceable as between the members and the responsible entity.
Modifying legislative instruments: The application of Ch 5C is affected by the following legislative instruments that commenced on or after 1 January 2022: ASIC Corporations (Asset Holding Standards for Responsible Entities) Instrument 2024/16.
CCH Note: Section 601GB is modified by the ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693; and the ASIC Corporations (Changing the Responsible Entity) Instrument 2023/681.
The constitution of a registered scheme must be contained in a document that is legally enforceable as between the members and the responsible entity.
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