Section 1212A — Corporations Act 2001 (Cth)

(1) ASIC must register a collective investment fund that is a registered scheme or a sub‑fund of a retail CCIV as a passport fund if ASIC is of the opinion that:

(a) the proposed operator of the fund is an eligible entity, within the meaning of section 3 of Annex 2 of the Memorandum of Cooperation; and

(b) each of the following is likely to be complied with in relation to the fund:

(i) this Act (including the Passport Rules for this jurisdiction);

(ii) the ASIC Act.

(2) A collective investment fund is registered as a passport fund by ASIC:

(a) assigning a unique number to the passport fund (the Australian Passport Fund Registration Number or APFRN for the passport fund); and

(b) ensuring that details of the fund are entered on the Register of Passport Funds.

Related sections

• s 1211A — Meaning of Passport Rules
• s 1211B — Compliance with the Passport Rules
• s 1212 — Application for registration
• s 1212B — All documents etc. lodged with ASIC to bear APFRN
• s 1212C — Notifying ASIC if offering interests in another participating economy in another name
• s 1213 — Notice of intention to offer interests in a foreign passport fund

Research how courts apply s 1212A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.