Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.6 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.6, 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.
A person may serve a statutory demand on a CCIV under section 459E .
1237E(2)
However, subsection 459E(2) applies to a statutory demand served on a CCIV as if it also required the demand to specify, in relation to each debt to which the demand relates: (a) the sub-fund or sub-funds of the CCIV of which the debt is a liability; and (b) if the debt is a liability of 2 or more sub-funds of the CCIV - the proportion of the debt allocated to each sub-fund at the time the demand is served.
1237E(3)
Whether a CCIV has failed to comply with a statutory demand is determined under section 459F . If the CCIV has failed to comply with a statutory demand, the failure affects each sub-fund specified in the demand.
Note: The sub-funds specified may be affected by a variation made by the Court under subsection 1237H(3) .
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