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.
CCH note - modifying legislative instruments: The application of Division 9 is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 9, 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.
If a CCIV is deregistered and: (a) ASIC reinstates the registration of a sub-fund of the CCIV under subsection 601AH(1) ; or (b) the Court makes an order that ASIC reinstate the registration of the sub-fund under subsection 601AH(2) ;
ASIC must also reinstate the registration of the CCIV.
Note: Notice of the reinstatement of the registration of the CCIV must be given: see section 1239J .
Effect of reinstatement
1239H(2)
If the registration of a CCIV is reinstated the CCIV is taken to have continued in existence as if it had not been deregistered.
Note: Any property of the CCIV that comprised assets of the sub-fund that is still vested in the Commonwealth or ASIC revests in the CCIV: see subsection 1239G(4) .
1239H(3)
To avoid doubt, the reinstatement of the registration of the CCIV also has the effect of reinstating, at the time the registration is reinstated, ASIC ' s record, kept as part of the registration, of the company that is the corporate director or temporary corporate director of the CCIV.
Note: The company named in the record as the corporate director or temporary corporate director of the CCIV is the corporate director of the CCIV (see subsection 1224(3) ). See section 1224S for what happens if the corporate director does not meet the requirements of section 1224F .
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