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 601KB is modified by the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; 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 responsible entity of a registered scheme that is not liquid may offer members an opportunity to withdraw, wholly or partly, from the scheme to the extent that particular assets are available and able to be converted to money in time to satisfy withdrawal requests that members may make in response to the offer.
601KB(2)
The withdrawal offer must be in writing and be made: (a) if the constitution specifies procedures for making the offer - in accordance with those procedures; or (b) otherwise - by giving a copy of the offer to all members of the scheme or to all members of a particular class.
601KB(3)
The withdrawal offer must specify: (a) the period during which the offer will remain open (this period must last for at least 21 days after the offer is made); and (b) the assets that will be used to satisfy withdrawal requests; and (c) the amount of money that is expected to be available when those assets are converted to money; and (d) the method for dealing with withdrawal requests if the money available is insufficient to satisfy all requests.
The method specified under paragraph (d) must comply with section 601KD .
601KB(4)
For joint members, a copy of the withdrawal offer need only be given to the joint member named first in the register of members.
601KB(5)
As soon as practicable after making the withdrawal offer, the responsible entity must lodge a copy of the offer with ASIC.
[ CCH Note: S 601KB(5) will be amended by No 69 of 2020, s 3, Sch 1[974], by substituting " the Registrar. The lodgement must meet any requirements of the data standards. " for " ASIC. " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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