Corporations Act 2001
CCH note - modifying legislative instruments: The application of Pt 8B.7 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.7, 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.
Subsection 636(1) has effect as if: (a) a reference in paragraph 636(1)(c) to a company or body did not include a reference to a CCIV that is a listed company; and (b) subsection 636(1) also included the following paragraph:
" (da) if the target is a CCIV that is a listed company - details of the bidder ' s intentions regarding:
(i) the continued operation of the CCIV; and
(ii) any major changes to be made to the operation of the CCIV, including any redeployment of the property of the CCIV; and
(iii) any plans to remove the current corporate director of the CCIV and appoint a new corporate director; " .
1240C(2)
Subsection 636(1) also has effect as if: (a) a reference in paragraph 636(1)(g) to securities did not include a reference to securities in a CCIV that is a listed company; and (b) subsection 636(1) also included the following paragraph:
" (gb) if any securities in a CCIV that is a listed company are offered as consideration under the bid and the bidder is:
(i) a retail CCIV; or
(ii) the corporate director of a retail CCIV; orall material that would be required by section 1013C to be included in a Product Disclosure Statement given to a person in an issue situation in relation to those securities; " .
(iii) a person who controls a retail CCIV or the corporate director of a retail CCIV;
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