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CORPORATIONS ACT 2001 - SECT 1239G

Reinstatement of a sub-fund

             (1)  The registration of a sub-fund of a CCIV may be reinstated under section 601AH as if the sub-fund were a company.

Note:          Notice of the reinstatement must be given: see section 1239J.

             (2)  If the registration of a sub-fund of a CCIV is reinstated under section 601AH, the sub-fund is taken to have been registered throughout the period it was deregistered.

             (3)  The Court's power to make an order under subsection 601AH(3) includes the power to make an order in relation to the following:

                     (a)  the assets or liabilities of a sub-fund of a CCIV whose registration is reinstated;

                     (b)  the assets or liabilities of any other sub-fund of the CCIV which is affected by the reinstatement.

             (4)  If the registration of a sub-fund of a CCIV is reinstated under section 601AH, any property of the CCIV that was property of the sub-fund that is still vested in the Commonwealth or ASIC revests in the CCIV. If the CCIV held particular property subject to a security or other interest or claim, the CCIV takes the property subject to that interest or claim.

Note:          The CCIV must allocate the property to the sub-fund in accordance with Subdivision B of Division 3 of Part 8B.5.

             (5)  Subsections 601AH(1A), (4), (4A) and (5) do not apply in relation to the reinstatement of the registration of a sub-fund of a CCIV.

Registration as an Australian passport fund not reinstated

             (6)  The reinstatement of the registration of a sub-fund of a CCIV does not result in the sub-fund's registration as a passport fund under Part 8A.3 being reinstated, even if the sub-fund was an Australian passport fund immediately before its deregistration.



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