Corporations Act 2001
CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 8B.6 - EXTERNAL ADMINISTRATION AND DEREGISTRATION
CCH 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.
Division 9 - Deregistration and transfer of registration
CCH note - modifying legislative instruments: The application of Division 9 is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 9, 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.
Subdivision A - Deregistration
SECTION 1239L BOOKS OF THE CCIV TO BE KEPT BY FORMER CORPORATE DIRECTOR
1239L(1)
If a CCIV is deregistered, the corporate director of the CCIV immediately before the deregistration must keep the CCIV
'
s books (other than books that a liquidator has to keep under subsection
70-35(1)
of Schedule
2
) for 3 years after the deregistration.
1239L(2)
An offence based on subsection
(1)
is an offence of strict liability.
1239L(3)
Books that the corporate director of the CCIV is required to keep under subsection
(1)
are taken to be books of the corporate director for the purposes of subsections
601AD(5)
to
(7)
as those sections apply in relation to deregistration of the corporate director.
Note: If the corporate director is deregistered, the directors of the corporate director immediately before deregistration must keep the corporate director ' s books for 3 years after the deregistration: see subsection 601AD(5) .
1239L(4)
Subsections
601AD(5)
to
(7)
do not apply in relation to the deregistration of a CCIV.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.