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 601GC 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.
The constitution of a registered scheme may be modified, or repealed and replaced with a new constitution: (a) by special resolution of the members of the scheme; or (b) by the responsible entity if the responsible entity reasonably considers the change will not adversely affect members ' rights.
601GC(2)
The responsible entity must lodge with ASIC a copy of the modification or the new constitution. The modification, or repeal and replacement, cannot take effect until the copy has been lodged.
[ CCH Note 1: S 601GC(2) will be amended by No 69 of 2020, s 3, Sch 1[960], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601GC(2A) will be inserted by No 69 of 2020, s 3, Sch 1[961] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 601GC(2A) will read:
601GC(2A)
Lodgement of the copy must meet any requirements of the data standards.]
601GC(3)
The responsible entity must lodge with ASIC a consolidated copy of the scheme ' s constitution if ASIC directs it to do so.
[ CCH Note: S 601GC(3A) and (3B) will be inserted by No 69 of 2020, s 3, Sch 1[962] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 601GC(3A) and (3B) will read:
601GC(3A)
The responsible entity must lodge with the Registrar a consolidated copy of the scheme ' s constitution if ASIC directs it to do so.
601GC(3B)
If the copy is lodged with the Registrar, the lodgement must meet any requirements of the data standards.]
601GC(4)
The responsible entity must send a copy of the scheme ' s constitution to a member of the scheme within 7 days if the member: (a) asks the responsible entity, in writing, for the copy; and (b) pays any fee (up to the prescribed amount) required by the responsible entity.
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