Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 8B.4.15

Cross investment between sub - funds of a CCIV--requirements and restrictions on membership rights

  (1)   For the purposes of paragraph   1230T(3)(b) of the Act, a CCIV's entitlement, as described in subsection   1230T(2) of the Act, to vote:

  (a)   in respect of each share that the CCIV has acquired in respect of a sub - fund of the CCIV (the first sub - fund ) and that is referable to another sub - fund of the CCIV (the second sub - fund ); and

  (b)   as a member of the second sub - fund on a resolution (the relevant resolution ) at a meeting of the members of the second sub - fund;

is subject to the requirement and restriction mentioned in subregulation (2).

  (2)   For the purposes of subregulation (1), there is:

  (a)   a requirement that the CCIV must vote, in respect of each such share, on the relevant resolution in the way determined by resolution of the members of the first sub - fund; and

  (b)   a restriction that the CCIV must not vote, in respect of each such share, on the relevant resolution if a resolution that determines the way the CCIV must vote on the relevant resolution is not made by the members of the first sub - fund.


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