Corporations Act 2001
CHAPTER 8B
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CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 8B.4
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CORPORATE FINANCE, FINANCIAL REPORTING AND SUSTAINABILITY REPORTING FOR CCIVs
Division 3
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Debentures
SECTION 1231N
DEBENTURES CAN ONLY BE ISSUED IN RESPECT OF SUB-FUNDS
1231N(1)
A CCIV can issue a debenture only if the debenture holder ' s rights in respect of assets of the CCIV are restricted to rights in respect of the assets of one (and only one) sub-fund of the CCIV. This is the sub-fund to which the debenture is referable .
1231N(2)
Subsection (1) limits paragraph 124(1)(b) in relation to a CCIV.
1231N(3)
If a security interest is included in or created by a debenture or the trust deed required by section 283AB , the security interest must not be over property of the CCIV that forms part of the assets of a different sub-fund of the CCIV.
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.4 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.4, 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.
A CCIV can issue a debenture only if the debenture holder ' s rights in respect of assets of the CCIV are restricted to rights in respect of the assets of one (and only one) sub-fund of the CCIV. This is the sub-fund to which the debenture is referable .
1231N(2)
Subsection (1) limits paragraph 124(1)(b) in relation to a CCIV.
1231N(3)
If a security interest is included in or created by a debenture or the trust deed required by section 283AB , the security interest must not be over property of the CCIV that forms part of the assets of a different sub-fund of the CCIV.
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