Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 601GC

Changing the constitution

             (1)  The constitution of a registered scheme may be modified, or repealed and replaced with a new constitution:

                     (a)  by special resolution of the members of the scheme; or

                     (b)  by the responsible entity if the responsible entity reasonably considers the change will not adversely affect members' rights.

             (2)  The responsible entity must lodge with ASIC a copy of the modification or the new constitution. The modification, or repeal and replacement, cannot take effect until the copy has been lodged.

             (3)  The responsible entity must lodge with ASIC a consolidated copy of the scheme's constitution if ASIC directs it to do so.

             (4)  The responsible entity must send a copy of the scheme's constitution to a member of the scheme within 7 days if the member:

                     (a)  asks the responsible entity, in writing, for the copy; and

                     (b)  pays any fee (up to the prescribed amount) required by the responsible entity.

   



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