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 6 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 1228F is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
Sections 253C and 253D do not apply in relation to a CCIV or a sub-fund of a CCIV.
1228F(2)
At a meeting of members of a CCIV: (a) on a show of hands, each member has 1 vote; and (b) on a poll, each member has 1 vote for each dollar of the value of the total shares in the CCIV that the member holds; and (c) the chair has a casting vote, and also, if the chair is a member, any vote the chair has in the chair ' s capacity as a member; and (d) if a share is held jointly and more than one member votes in respect of that share - only the vote of the member whose name appears first in the register of members counts.
1228F(3)
At a meeting of members of a sub-fund of a CCIV: (a) on a show of hands, each member has 1 vote; and (b) on a poll, each member has 1 vote for each dollar of the value of the total shares in the CCIV that:
(i) are held by the member; and
(c) the chair has a casting vote, and also, if the chair is a member, any vote the chair has in the chair ' s capacity as a member; and (d) if a share that is referable to the sub-fund is held jointly and more than one member votes in respect of that share - only the vote of the member whose name appears first in the register of members counts.
(ii) are referable to the sub-fund; and
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