Corporations Act 2001
View history note
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 5 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Subdivision A is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1227 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
Subject to this Part, Chapter 2E applies: (a) to a retail CCIV in the same way as it applies to a public company; and (b) to an entity a retail CCIV controls in the same way as it applies to an entity a public company controls.
1227(2)
In its application in relation to a retail CCIV, the members whose interests the rules in Chapter 2E are designed to protect are: (a) if one sub-fund would be affected by the giving of the relevant financial benefit to the related party - the members, as a whole, of that sub-fund; or (b) if 2 or more sub-funds would be affected by the giving of the relevant financial benefit to the related party - the members, as a whole, of each such sub-fund.
1227(3)
Chapter 2E does not apply to a wholesale CCIV.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.