Corporations Act 2001
CHAPTER 8B
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CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 8B.6
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EXTERNAL ADMINISTRATION AND DEREGISTRATION
Division 5
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Winding up of sub funds
Subdivision C
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Winding up of a sub-fund in insolvency
SECTION 1237D
1237D
WHEN A SUB-FUND IS PRESUMED TO BE INSOLVENT
Paragraph 459C(2)(a) is taken to be satisfied in relation to a sub-fund of a CCIV if: (a) the CCIV failed (as defined by section 459F ) to comply with a statutory demand; and (b) the failure affects the sub-fund (see subsection 1237E(3) ).
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.
Paragraph 459C(2)(a) is taken to be satisfied in relation to a sub-fund of a CCIV if: (a) the CCIV failed (as defined by section 459F ) to comply with a statutory demand; and (b) the failure affects the sub-fund (see subsection 1237E(3) ).
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