Corporations Act 2001

CHAPTER 5C - MANAGED INVESTMENT SCHEMES

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.

PART 5C.1 - REGISTRATION OF MANAGED INVESTMENT SCHEMES

SECTION 601EB REGISTRATION OF MANAGED INVESTMENT SCHEME

CCH Note: Section 601EB 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.

601EB(1)
ASIC must register the scheme within 14 days of lodgment of the application, unless it appears to ASIC that:

[ CCH Note: There are no paragraphs 601EB(1)(a), (b).]

(c) the application does not comply with section 601EA ; or

(d) the proposed responsible entity does not meet the requirements of section 601FA ; or

(e) the scheme ' s constitution does not meet the requirements of sections 601GA and 601GB ; or

(f) the scheme ' s compliance plan does not meet the requirements of section 601HA ; or

(g) the copy of the compliance plan lodged with the application is not signed as required by section 601HC ; or

(h) arrangements are not in place that will satisfy the requirements of section 601HG in relation to audit of compliance with the plan.

601EB(2)
If ASIC registers the scheme, ASIC must give it an ARSN.

601EB(3)
ASIC must keep a record of the registration of the scheme.

[ CCH Note: S 601EB(3) will be amended by No 69 of 2020, s 3, Sch 1[945], by substituting " The Registrar must make " for " ASIC must keep " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

601EB(4)
For the purpose of determining whether subsection (1) is satisfied in relation to the scheme:

(a) references in Parts 5C.3 , 5C.4 and 5C.5 to a registered scheme are taken to include a reference to the scheme; and

(b) references in those Parts to the responsible entity of a registered scheme are taken to include a reference to the proposed responsible entity of the scheme.

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