Corporations Act 2001
CCH 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.
Despite subsection 1010A(1) , Part 7.9 applies to securities in a CCIV.
Note: This and other sections in this Part extend and modify how Part 7.9 applies for a CCIV. A consequence is that, for a CCIV, references outside of Part 7.9 to provisions of Part 7.9 become references to those provisions as they apply because of this Part.
1241Q(2)
Despite subsection 1010B(1) , Part 7.9 applies in relation to the issue of any security in a CCIV.
1241Q(3)
If the corporate director of a CCIV is, apart from this subsection, a regulated person (within the meaning of Division 2 of Part 7.9 ) because it is the seller of a security in the CCIV, treat the CCIV as being the regulated person within the meaning of that Division instead of the corporate director.
Note 1: The corporate director of the CCIV will continue to be a regulated person for any other case.
Note 2: The CCIV will also be the regulated person for an issue of securities in the CCIV (see subsection 1241A(4) and section 1011B ).
1241Q(4)
If a reference in Part 7.9 to a seller of a financial product applies to the corporate director of a CCIV as the seller of a security in the CCIV, treat the reference as referring to the CCIV.
1241Q(5)
Subsections (3) and (4) apply despite subsection 1241A(2) .
Note: This subsection confirms that the general rule in subsection 1241A(2) does not affect subsections (3) and (4) of this section.
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