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CORPORATIONS ACT 2001 - SECT 1222A

Applying for registration

  (1)   This section applies in relation to an application for registration made under subsection   117(1) if the type of company that is proposed to be registered under this Act is a CCIV.

  (2)   The application is not required to state the information mentioned in paragraphs 117(2)(d), (e), (f), (ma) and (mb).

  (3)   In addition to the information required by subsection   117(2) as modified by subsection   (2) of this section, the application must also state:

  (a)   the name, and the address of the registered office, of the public company that consents in writing to become the director of the CCIV; and

  (b)   the proposed name of each sub - fund the CCIV is to have when it is registered; and

  (c)   for each such proposed sub - fund:

  (i)   which of the members identified under paragraph   117(2)(c) are to be members of the sub - fund; and

  (ii)   which of the shares identified under paragraph   117(2)(k) are to be referable to the sub - fund.

Note:   For paragraph   (b), see section   1222V.

  (4)   A notice stating whether the CCIV is to be a retail CCIV or a wholesale CCIV must be lodged with the application.

  (5)   A copy of the CCIV's constitution must be lodged with the application.

Note:   The requirement for a CCIV to have a constitution is set out in section   1223B.

  (6)   If the CCIV is to be a retail CCIV, a copy of the compliance plan signed by all the directors of the proposed corporate director of the CCIV must be lodged with the application.

Note:   The requirement for a retail CCIV to have a compliance plan is set out in section   1226.

  (7)   Subsection   117(5) applies as if the consents referred to in subsection   (3) of this section were referred to in subsection   117(2).


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