Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
Modifying legislative instruments: The application of Pt 7.9 is affected by the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.9, 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: Regulation 7.9.11S is modified by the ASIC Corporations (Shorter PDS and Delivery of Accessible Financial Products Disclosure by Platform Operators and Superannuation Trustees) Instrument 2022/497; and the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668.
This Subdivision applies to: (a) a person that is required to prepare a Product Disclosure Statement for a simple managed investment scheme; and (b) a Product Disclosure Statement for a simple managed investment scheme.
7.9.11S(2)
This Subdivision does not apply to the extent that the simple managed investment scheme relates to a financial product (known as a " quoted product " ) which is, or is intended to be, traded on a prescribed financial market.
7.9.11S(3)
This Subdivision does not apply to the extent that the simple managed investment scheme relates to a financial product (known as a " stapled security " ) to which the following requirements apply: (a) the product consists of interests in 2 or more financial products; (b) the interests include at least 1 interest in a registered scheme; (c) under the terms on which each of the interests is to be traded, the interests must be transferred together; (d) there are no financial products in the same class as the interests which may be transferred separately.
7.9.11S(4)
This Subdivision does not apply to the extent that the simple managed investment scheme is a managed investment scheme that has a constitution that provides that: (a) a member may direct that an amount of money corresponding to part or all of the amount invested by the member in the scheme be invested in accessible investments; and (b) the distributions of capital and income from the scheme to the member in relation to the member ' s interests in the scheme will be determined by reference to amounts received by the responsible entity or a custodian in relation to the accessible investments acquired in accordance with the direction.
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