Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.7 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.7, 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.
For the purposes of Chapter 7 , a single Australian financial services licence can cover operating the business and conducting the affairs of more than one CCIV.
Note: This confirms that a corporate director of several CCIVs could be granted a single licence to operate the business and conduct the affairs of those CCIVs.
1241F(2)
Treat subsection 911A(4) as also providing that a person is not exempt under any paragraph of subsection 911A(2) for a financial service they provide if: (a) the service is operating the business and conducting the affairs of a CCIV; and (b) the person is the corporate director of the CCIV.
1241F(3)
Despite paragraph 912A(4)(b) , paragraph 912A(1)(d) also applies to an RSE licensee that is the corporate director of a CCIV.
1241F(4)
Despite subsection 912A(5) , paragraph 912A(1)(h) also applies to an RSE licensee that is the corporate director of a CCIV, except to the extent that the risk relates solely to the operation of a regulated superannuation fund by the RSE licensee.
1241F(5)
Treat subsection 912D(4) as also providing that, for the purposes of section 912D , a breach of a core obligation is taken to be significant in the case of a CCIV if the breach results, or is likely to result, in material loss or damage to a member of members of the CCIV.
1241F(6)
(Repealed by No 76 of 2023, s 3, Sch 2 [ 568] (effective 20 October 2023).)
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