For the purposes of the definition of examinable affairs in section 9,
section 53AA 232, 233 or 234, paragraph 461(1)(e), section 487,
subsection 1307(1) or section 1309, or of a prescribed provision of
this Act, the affairs of a body corporate include:
- (a)
- the promotion,
formation, membership, control, business, trading, transactions and dealings
(whether alone or jointly with any other person or persons and including
transactions and dealings as agent, bailee or trustee), property (whether held
alone or jointly with any other person or persons and including property held
as agent, bailee or trustee), liabilities (including liabilities owed jointly
with any other person or persons and liabilities as trustee), profits and
other income, receipts, losses, outgoings and expenditure of the body; and
- (b)
- in the case of a body corporate (not being an authorised trustee
corporation) that is a trustee (but without limiting the generality of
paragraph (a))matters concerned with the ascertainment of the
identity of the persons who are beneficiaries under the trust, their rights
under the trust and any payments that they have received, or are entitled to
receive, under the terms of the trust; and
- (c)
- the internal management and proceedings of the body; and
- (d)
- any act or thing done (including any contract made and any transaction
entered into) by or on behalf of the body, or to or in relation to the body or
its business or property, at a time when:
- (i)
- a receiver, or a receiver and manager, is in possession of, or has control
over, property of the body; or
- (ii)
- the body is under administration; or
- (iia)
- a deed of company arrangement executed by the body has not yet
terminated; or
- (iii)
- a compromise or arrangement made between the body and any other person
or persons is being administered; or
- (iv)
- the body is being wound up;
and, without limiting the generality of the foregoing, any conduct of such a
receiver or such a receiver and manager, of an administrator of the body, of
an administrator of such a deed of company arrangement, of a person
administering such a compromise or arrangement or of a liquidator or
provisional liquidator of the body; and
- (e)
- the ownership of shares in, debentures of, and interests in a managed
investment scheme made available by, the body; and
- (f)
- the power of persons to exercise, or to control the exercise of, the
rights to vote attached to shares in the body or to dispose of, or to exercise
control over the disposal of, such shares; and
- (g)
- matters concerned with the ascertainment of the persons who are or have
been financially interested in the success or failure, or apparent success or
failure, of the body or are or have been able to control or materially to
influence the policy of the body; and
- (h)
- the circumstances under which a person acquired or disposed of, or became
entitled to acquire or dispose of, shares in, debentures of, or interests in a
managed investment scheme made available by, the body; and
- (j)
- where the body has made available interests in a managed investment
schemeany matters concerning the financial or business undertaking,
scheme, common enterprise or investment contract to which the interests
relate; and
- (k)
- matters relating to or arising out of the audit of, or working papers or
reports of an auditor concerning, any matters referred to in a preceding
paragraph.