Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.4 - CORPORATE FINANCE, FINANCIAL REPORTING AND SUSTAINABILITY REPORTING FOR CCIVs  

Division 4 - Financial reports, sustainability reports and audit of CCIVs  

Subdivision C - Financial and sustainability reporting (retail CCIVs only)  

SECTION 1232F   HALF-YEAR FINANCIAL REPORTS AND DIRECTORS ' REPORTS FOR SUB-FUNDS WITH ED SECURITIES ON ISSUE  

1232F(1)    
Section 302 does not apply to a CCIV that is a disclosing entity except as set out in this section.

1232F(2)    
If any securities referable to a sub-fund of a retail CCIV are ED securities, section 302 applies to the CCIV as if the requirement in paragraph 302(a) required the CCIV to prepare a financial report and directors ' report for each half-year for the sub-fund.

Note: For ED securities in a CCIV, see subsection 111AF(3) , and section 111AI as affected by section 1231P .

1232F(3)    
For the purposes of subsection (2) , ED securities that are units of shares in a CCIV are referable to the sub-fund of the CCIV to which the shares are referable.

1232F(4)    
The remaining provisions of Division 2 of Part 2M.3 apply in relation to the following documents relating to the sub-fund:

(a)    a financial report and directors ' report prepared under paragraph 302(a) as applied by subsection (2) of this section;

(b)    the documents of which the financial report consists under subsection 303(1) ;

as if the sub-fund were the CCIV.

Note: The combined effect of subsection 1232(1) and this subsection is that references in the remaining provisions of Division 2 of Part 2M.3 to the disclosing entity are, where appropriate, to be read as referring to the sub-fund.

1232F(5)    
Despite subsection (4) of this section, paragraph 303(4)(c) applies to a directors ' declaration relating to the sub-fund as if the debts mentioned in that paragraph were only the debts referable to the sub-fund.

1232F(6)    
Section 306 applies to the sub-fund of the CCIV as if the requirement in subsection 306(1) were instead a requirement for the directors ' report for the sub-fund for each half-year to include:

(a)    a review of the sub-fund ' s operations during the half-year and the results of those operations; and

(b)    details of:

(i) the name of each corporate director of the CCIV at any time during or since the end of the half-year, and the period for which each was the corporate director; and

(ii) the name of each director of the corporate director of the CCIV at any time during or since the end of the half-year, and the period for which each was a director of the corporate director.