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CORPORATE COLLECTIVE INVESTMENT VEHICLE FRAMEWORK AND OTHER MEASURES ACT 2022 - SCHEDULE 4

Corporate collective investment vehicles: contingent amendments

Note:   The amendments in this Schedule only commence if Schedule   2 to the Corporations Amendment (Meetings and Documents) Act 2022 has already commenced (see subsection   2(1) of this Act).

 

Corporations Act 2001

1   Paragraph   110(2)(a)

Repeal the paragraph, substitute:

  (a)   a meeting of the members of a company, registered scheme or sub - fund of a CCIV (including a meeting of a class of members); or

2   After paragraph   110(2)(b)

Insert:

  (ba)   a resolution to be considered by the members of a sub - fund of a CCIV without a meeting; or

3   After paragraph   110C(1)(b)

Insert:

  (ba)   the corporate director of a CCIV;

4   Paragraph   110C(2)(a)

Repeal the paragraph, substitute:

  (a)   if the sender is a company, responsible entity of a registered scheme, or corporate director of a CCIV:

  (i)   relates to a meeting of the members of the company, registered scheme or sub - fund of the CCIV (including a meeting of a class of members); or

  (ii)   for a company--relates to a resolution to be considered by the members of the company (including a resolution to be considered by a class of members of the company) without a meeting; or

  (iii)   for the corporate director of a CCIV--relates to a resolution to be considered by the members of a sub - fund of the CCIV without a meeting; or

5   After paragraph   110E(1)(b)

Insert:

  (ba)   where the sender is the corporate director of a CCIV--the recipient is a member of the CCIV; or

6   After paragraph   110J(3)(b)

Insert:

  (ba)   where the sender is the corporate director of a CCIV--the recipient is a member of the CCIV; or

7   After subsection   110K(2)

Insert:

  (2A)   A CCIV must:

  (a)   send the members of the CCIV, at least once in each financial year, a notice setting out the matters mentioned in subsection   (4); or

  (b)   make such a notice readily available on a website.

8   Subsections   110K(4) and (5)

After "(2)", insert ", (2A)".

9   Subsection   1232H(1)

Omit "subsection   314(1AA) or (1AE)", substitute "subsection   314(1AE)".

10   In the appropriate position in Schedule   3

Insert:

 

Subsection   110K(2A)

30 penalty units

 



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