Corporations Act 2001
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Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.3 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.3, 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.
CCH Note: Division 1 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Subdivision B is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1223C is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
ASIC may direct a retail CCIV to modify its constitution, as set out in the direction, to ensure that the CCIV ' s constitution complies with the content requirements applicable to the CCIV under Subdivision C . The direction is to be given by notice in writing to the CCIV.
1223C(2)
ASIC may also direct a retail CCIV to modify its constitution, as set out in the direction, to ensure that the CCIV ' s constitution deals in adequate detail with: (a) the matters required to be included in the constitution under Subdivision C ; and (b) the specification (if any) of any rights of the corporate director to be paid fees out of assets of a sub-fund of the CCIV, as mentioned in section 1224N .
1223C(3)
Despite section 1223D , the corporate director may modify the constitution to comply with the direction.
1223C(4)
The CCIV must comply with the direction within 14 days after being given it.
1223C(5)
The CCIV must lodge with ASIC a copy of the modified constitution within 14 days after the modification.
1223C(6)
An offence based on subsection (4) or (5) is an offence of strict liability.
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