Corporations Act 2001
Modifying legislative instruments: The application of Ch 5C is affected by the following legislative instruments that commenced on or after 1 January 2022: ASIC Corporations (Asset Holding Standards for Responsible Entities) Instrument 2024/16.
CCH Note: Section 601EA is modified by the ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693; and the ASIC Corporations (Changing the Responsible Entity) Instrument 2023/681.
To register a managed investment scheme, a person must lodge an application with ASIC.
601EA(2)
The application must state: (a) the name, and the address of the registered office, of the proposed responsible entity; and (b) the name and address of a person who has consented to be the auditor of the compliance plan.
601EA(3)
The applicant must have the consent referred to in paragraph (2)(b) when the application is lodged. After the scheme is registered, the applicant must give the consent to the responsible entity. The responsible entity must keep the consent.
601EA(4)
The following must be lodged with the application: (a) a copy of the scheme ' s constitution; (b) a copy of the scheme ' s compliance plan; (c) a statement signed by the directors of the proposed responsible entity that:
(i) the scheme ' s constitution complies with sections 601GA and 601GB ; and
(ii) the scheme ' s compliance plan complies with section 601HA .
Note: Section 601HC requires that the copy of the compliance plan be signed by the directors of the responsible entity.
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