Corporations Act 2001
CCH 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 2 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 1224J is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
The corporate director of a CCIV is to: (a) operate the business and conduct the affairs of the CCIV; and (b) perform the functions conferred on the corporate director by the CCIV ' s constitution and this Act.
Note 1: If a CCIV commits an offence or contravenes a civil penalty provision, the corporate director is generally responsible: see Division 7 of this Part.
Note 2: Section 1224Q is about the exercise of powers by the corporate director while a sub-fund is in liquidation.
1224J(2)
The corporate director of a CCIV may exercise all the powers of the CCIV except any powers that this Act or the CCIV ' s constitution requires: (a) the CCIV to exercise in general meeting; or (b) the members of a sub-fund of the CCIV to exercise in a meeting of members of the sub-fund.
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