Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.2 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.2, 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.
This section applies in relation to an application for registration made under subsection 117(1) if the type of company that is proposed to be registered under this Act is a CCIV.
1222A(2)
The application is not required to state the information mentioned in paragraphs 117(2)(d) , (e) , (f) , (ma) and (mb) .
1222A(3)
In addition to the information required by subsection 117(2) as modified by subsection (2) of this section, the application must also state: (a) the name, and the address of the registered office, of the public company that consents in writing to become the director of the CCIV; and (b) the proposed name of each sub-fund the CCIV is to have when it is registered; and (c) for each such proposed sub-fund:
(i) which of the members identified under paragraph 117(2)(c) are to be members of the sub-fund; and
(ii) which of the shares identified under paragraph 117(2)(k) are to be referable to the sub-fund.
Note: For paragraph (b) , see section 1222V .
1222A(4)
A notice stating whether the CCIV is to be a retail CCIV or a wholesale CCIV must be lodged with the application.
1222A(5)
A copy of the CCIV ' s constitution must be lodged with the application.
Note: The requirement for a CCIV to have a constitution is set out in section 1223B .
1222A(6)
If the CCIV is to be a retail CCIV, a copy of the compliance plan signed by all the directors of the proposed corporate director of the CCIV must be lodged with the application.
Note: The requirement for a retail CCIV to have a compliance plan is set out in section 1226 .
1222A(7)
Subsection 117(5) applies as if the consents referred to in subsection (3) of this section were referred to in subsection 117(2) .
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