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 5 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Subdivision A is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1227E is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
Section 228 does not apply in relation to a CCIV.
Corporate director etc
1227E(2)
The following are related parties of a CCIV: (a) the corporate director of the CCIV; (b) an entity that controls the corporate director of the CCIV.
Directors and their spouses
1227E(3)
The following persons are related parties of a CCIV: (a) directors of the corporate director of the CCIV; (b) directors (if any) of an entity that controls the corporate director of the CCIV; (c) if the corporate director of the CCIV is controlled by an entity that is not a body corporate - each of the persons making up the controlling entity; (d) spouses of the persons referred to in paragraphs (a) , (b) and (c) .
Relatives of directors and spouses
1227E(4)
The following relatives of persons referred to in subsection (3) are related parties of the CCIV: (a) parents; (b) children.
Entities controlled by other related parties
1227E(5)
An entity controlled by a related party referred to in subsection (2) , (3) or (4) is a related party of the CCIV unless the entity is also controlled by the CCIV.
Related party in previous 6 months
1227E(6)
An entity is a related party of a CCIV at a particular time if the entity was a related party of the CCIV of a kind referred to in subsection (2) , (3) , (4) or (5) at any time within the previous 6 months.
Entity has reasonable grounds to believe it will become related party in future
1227E(7)
An entity is a related party of a CCIV at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the CCIV of a kind referred to in subsection (2) , (3) , (4) or (5) at any time in the future.
Acting in concert with related party
1227E(8)
An entity is a related party of a CCIV if the entity acts in concert with a related party of the CCIV on the understanding that the related party will receive a financial benefit if the CCIV gives the entity a financial benefit.
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