Corporations Act 2001
CCH note - modifying legislative instruments: The application of Pt 8B.2 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.2, 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.
To register a sub-fund of a CCIV, a person may lodge an application with ASIC.
Note: A CCIV must have at least one sub-fund when it is first registered: see section 1222R .
1222U(2)
The application must state: (a) the name and ACN of the CCIV; and (b) the proposed name of the sub-fund; and (c) the name and address of each person who consents to become a member of the sub-fund; and (d) the following:
(i) the number and class of shares each member agrees in writing to take up;
(ii) the amount (if any) each member agrees in writing to pay for each share;
(iii) whether the shares each member agrees in writing to take up will be fully paid on registration;
(iv) if that amount is not to be paid in full on registration - the amount (if any) each member agrees in writing to be unpaid on each share;
(v) whether or not the shares each member agrees in writing to take up will be beneficially owned by the member on registration.
1222U(3)
The application must be in the prescribed form.
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