Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.6 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.6, 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.
Before ASIC destroys, in accordance with subsection 422D(9) , books relating to the control of property of a sub-fund of a CCIV, ASIC must notify the CCIV that it intends to do so.
1236L(2)
Despite subsection 422D(9) , if: (a) ASIC retains books under subsection 422D(8) in relation to the control of property of a sub-fund of a CCIV; and (b) the retention period mentioned in that subsection ends; and (c) the CCIV, by resolution of the corporate director, directs ASIC not to destroy the books;
ASIC must, as soon as practicable, transfer possession or control of those books to the CCIV.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.