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.
The following table sets out the main provisions of this Act that apply only in relation to retail CCIVs. If a provision is not set out in this table, disregard that fact in deciding whether or not the provision applies only to retail CCIVs.
| Provisions that apply only to retail CCIVs | ||
| Item | Topic | Provision(s) |
| 1 | A sub-fund of a retail CCIV may be registered as an Australian passport fund | Part 8A.3 |
| 2 | ASIC may direct a retail CCIV to modify its constitution | section 1223C |
| 3 | Content requirements for the constitution of a retail CCIV | sections 1223G and 1223H |
| 4 | Duties owed by a director of a retail CCIV | subsection 1224D(2) |
| 5 | The corporate director of a retail CCIV must have external directors | section 1224G |
| 6 | Extended responsibility of corporate director of a retail CCIV for certain acts of agents | section 1224M |
| 7 | Limitation on right of the corporate director of a retail CCIV to fees and indemnities | section 1224N |
| 8 | Limitation on right of the corporate director of a retail CCIV to acquire shares in the CCIV | section 1224P |
| 9 | Duties owed by the officers of the corporate director of a retail CCIV | section 1225 |
| 10 | Duties owed by the employees of the corporate director of a retail CCIV | section 1225F |
| 11 | Requirement for a retail CCIV to have a compliance plan | Division 4 of Part 8B.3 |
| 12 | Requirement for member approval for certain related party transactions relating to retail CCIVs (application of Chapter 2E ) | Subdivision A of Division 5 of Part 8B.3 |
| 13 | Further requirements for redemptions of shares by a retail CCIV | sections 1230G to 1230K |
| 14 | Requirements for self-acquisition by retail CCIV | subsection 1231J(2) |
| 15 | Part 2M.3 (financial and sustainability reporting) | section 1232 |
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