Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 7.12 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (IPH Limited Employee Share Scheme Disclosure) Instrument 2024/293; and the ASIC Corporations (L ' Or é al SA Employee Share Scheme Disclosure) Instrument 2024/296.
For legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.12, 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 - modifying legislative instruments: The application of Division 1A is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (Employee Share Schemes) Instrument 2022/1021; the ASIC Corporations (IPH Limited Employee Share Scheme Disclosure) Instrument 2024/293; and the ASIC Corporations (L ' Or é al SA Employee Share Scheme Disclosure) Instrument 2024/296.
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 1A, 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: Subdivision D is modified by the ASIC Corporations (Employee Share Schemes) Instrument 2022/1021.
CCH Note: Section 1100ZE is modified by the ASIC Corporations (Employee Share Schemes) Instrument 2022/1021.
If a person offers ESS interests for issue or sale to an ESS participant in connection with an employee share scheme, the person must hold: (a) all application money received from ESS participants applying for ESS interests in connection with the employee share scheme; and (b) all other money paid by them on account of the ESS interests before they are issued or transferred;
in trust under this section for the ESS participants until:
(c) the ESS interests are issued or transferred; or (d) the money is returned to the ESS participants.1100ZE(2)
If the application money needs to be returned to an ESS participant, the person must return the money as soon as practicable.
1100ZE(3)
An offence based on subsection (1) or (2) is an offence of strict liability.
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