Corporations Act 2001
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Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.3 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.3, 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: Division 6 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Subdivision B is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1228E is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
Subsection 252L(1B) applies in relation to a CCIV as if: (a) the requirement in paragraph 252L(1B)(c) that the registered scheme be listed did not apply; and (b) the resolution is subject to a further requirement that it must not treat members of any sub-fund of the CCIV differently from members of any other sub-fund of the CCIV.
Note: The effect of paragraph (1)(a) is that subsection 252L(1B) will apply to all CCIVs, including a CCIV that is a listed company.
1228E(2)
Subsection 252L(1B) applies in relation to one or more sub-funds of a CCIV as if: (a) paragraph 252L(1B)(c) did not apply; and (b) the resolution is subject to a further requirement that it must not affect the interests of any member of any other sub-fund of the CCIV.
Note: A CCIV that is a listed company has only one sub-fund, see section 1222N .
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