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 B is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1227K is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
If: (a) a CCIV has a sub-fund to which only one class of shares is referable (the existing shares ); and (b) the CCIV issues new shares that are also referable to that sub-fund; and (c) the rights attaching to the new shares are not the same as the rights attached to the existing shares; and (d) the rights attaching to the new shares are not provided for in:
(i) the CCIV ' s constitution; or
(ii) a notice, document or resolution that is lodged with ASIC;
the issue is taken to vary the rights attached to the existing shares.
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