Corporations Regulations 2001
View history note
Hide history noteA licensed trustee company that is establishing a common fund commits an offence if, at the time of establishing the fund, it does not ensure that its Board makes a decision, in writing, about the following:
(a) any limitation on the amount of money that will form the common fund;
(b) the investment strategy for the common fund, including the following:
(i) the class of investments in which the common fund may be invested;
(ii) the procedure for valuing the investments;
(iii) if the trustee company is to seek expert advice about proposed investments - the type of expert advice to be sought;
(c) the amount of fees that are to be paid by:
(i) the common fund for the provision of traditional trustee company services; and
(ii) each account in the common fund;
(d) the manner in which a withdrawal can be made from the common fund;
(e) the procedure for auditing the common fund;
(f) if the common fund is to have a limited life - the duration of the common fund;
(g) if the common fund is to have a minimum amount that may be invested in the fund on account of each estate - the minimum amount.
Penalty: 500 penalty units.
5D.2.05(2)
The licensed trustee company commits an offence if it does not:
(a) within 14 days of making the decision:
(i) send a copy of the decision to ASIC; and
(ii) publish a copy of the decision on its website; and
(b) if requested by a person entitled to request an annual information return under subregulation 5D.2.01(3) , make a copy of the decision available to the person within 30 days of the request being received.
Penalty: 500 penalty units.
5D.2.05(3)
A person commits an offence if the person is involved in a contravention of subregulation (1) or (2) by a licensed trustee company.
Penalty:
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