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CORPORATIONS ACT 2001 - SECT 1232C

Annual financial reports and directors' reports for sub - funds--general rules

  (1)   Division   1 of Part   2M.3 applies to a retail CCIV as if:

  (a)   subsection   292(1) required the CCIV to prepare a financial report for each of its sub - funds for each financial year; and

  (b)   subsections   292(1) and 298(1) required the CCIV to prepare a directors' report for each of its sub - funds for each financial year.

Note:   The CCIV is not required to prepare such reports for the CCIV itself.

  (2)   The remaining provisions of Division   1 of Part   2M.3 apply in relation to the following documents relating to each sub - fund of the retail CCIV:

  (a)   a financial report and a directors' report referred to in subsection   (1) of this section;

  (b)   the documents of which the financial report consists under subsection   295(1);

as if the sub - fund were the CCIV.

Note:   The combined effect of subsection   1232(1) and this subsection is that references in the remaining provisions of Division   1 of Part   2M.3 to the company are, where appropriate, to be read as referring to the sub - fund.

Example:   References in the remaining provisions of Division   1 of Part   2M.3 to a listed company will be read as referring to the sub - fund if the sub - fund is listed (see also paragraph   (c) of the definition of listed in section   9).

  (3)   Without limiting subsection   (2), Division   1 of Part   2M.3 so applies as if references in that Division to members (other than references to members of an audit firm) were instead references to members of the sub - fund.

  (4)   Despite subsection   (2), Division   1 of Part   2M.3 applies to the retail CCIV in relation to each of its sub - funds as if:

  (a)   references in that Division to the officers of, or an officer of, the company were instead references to each of the following:

  (i)   an officer of the CCIV;

  (ii)   an officer of the corporate director of the CCIV; and

  (b)   despite paragraph   1232(1)(a), references in that Division to the directors of, or a director of, the company were instead references to each of the following:

  (i)   the corporate director of the CCIV;

  (ii)   a director of the corporate director of the CCIV.

  (5)   Subparagraphs   (4)(a)(i) and (b)(i) are included for the avoidance of doubt.


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