Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.5 - OPERATING A CCIV  

Division 3 - Requirement for assets and liabilities to be allocated between sub-funds  

Subdivision C - What are the liabilities of a particular sub-fund  

SECTION 1233P   CREDITOR MAY REQUIRE CORPORATE DIRECTOR TO PROVIDE INFORMATION ABOUT ALLOCATION  

1233P(1)    
A creditor of a CCIV may, by notice in writing given to the corporate director of the CCIV, require the corporate director to provide the creditor with the following information about the debt owing to the creditor:

(a)    the sub-fund or sub-funds of the CCIV of which the debt is a liability;

(b)    if the debt is a liability of 2 or more sub-funds of the CCIV - the proportion of the debt allocated to each sub-fund;

within the period (which must be at least 14 days after the notice is given), and in the manner, specified in the notice.

1233P(2)    
The notice must include sufficient information to enable the corporate director to identify the debt.

Strict liability offence

1233P(3)    
A person commits an offence of strict liability if the person fails to comply with a notice given to the person in accordance with subsection (1) .