Corporate Collective Investment Vehicle Framework and Other Measures Act 2022 (8 of 2022)
Schedule 2 Corporate collective investment vehicles: other amendments of the Corporations Act 2001
Corporations Act 2001
33 After section 53
Insert:
53AAA Affairs of a CCIV
(1) For the purposes of the provisions referred to in subsection (3), the affairs of a body corporate that is a CCIV include anything that would be included in the affairs of a body corporate under section 53.
(2) In applying paragraph 53(d) to the CCIV:
(a) disregard subparagraphs (ii) and (iia); and
(b) treat the reference in subparagraph (iv) to the body as instead being a reference to a sub-fund of the CCIV; and
(c) treat the reference to a liquidator or provisional liquidator of the body as instead being a reference to a liquidator or provisional liquidator of a sub-fund of the CCIV.
(3) The provisions for subsection (1) are the following:
(a) a provision referred to in section 53;
(b) a provision prescribed for the purposes of section 53;
(c) section 1222 (about requirements for registration as a CCIV);
(d) section 1224F (about who can be the director of a CCIV);
(e) section 1224J (about corporate director must operate the CCIV);
(f) section 1237V (about Court order imposing liability on unlicensed person operating CCIV);
(g) section 1241C (about extra kinds of financial services relating to CCIVs);
(h) section 1241E (about when conduct does not constitute providing a custodial or depository service in relation to a CCIV);
(i) section 1241F (about Australian financial services licences to conduct the affairs of a CCIV);
(j) section 1241L (about financial services disclosure does not apply to conducting the affairs of CCIVs);
(k) a provision of this Act prescribed by the regulations for the purposes of this paragraph.
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