Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 110C

Sending documents

             (1)  This Division applies to any document covered by subsection (2) that is required or permitted under this Act to be sent to a person (the recipient ) by one of the following (the sender ):

                     (a)  a company;

                     (b)  the responsible entity of a registered scheme;

                   (ba)  the corporate director of a CCIV;

                     (c)  a disclosing entity;

                     (d)  an entity of a kind specified in regulations made for the purposes of this paragraph.

Covered documents

             (2)  This subsection covers a document that:

                     (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

                     (b)  is a report mentioned in section 314 (annual financial reporting by companies, registered schemes and disclosing entities to members); or

                     (c)  is a notice under section 110K (notice of members' rights); or

                     (d)  is in a class of documents specified in regulations made for the purposes of this paragraph.

Note:          For when and where a document is sent and received by electronic communication, see sections 105A and 105B.

             (3)  However, this Division does not apply to a document that is required or permitted under this Act to be sent to ASIC or the Registrar.

References to sending documents

             (4)  This Division applies to a requirement or permission to send a document, whether the expression send , give or serve , or any other expression, is used.

Regulations may modify this Division for certain senders

             (5)  The regulations may modify the operation of this Division (other than this section) for the purpose of giving effect to regulations made for the purposes of paragraph (1)(d).

             (6)  Regulations made for the purposes of subsection (5) have effect according to their terms.