Section 1227 — Corporations Act 2001 (Cth)

(1) Subject to this Part, Chapter 2E applies:

(a) to a retail CCIV in the same way as it applies to a public company; and

(b) to an entity a retail CCIV controls in the same way as it applies to an entity a public company controls.

(2) In its application in relation to a retail CCIV, the members whose interests the rules in Chapter 2E are designed to protect are:

(a) if one sub‑fund would be affected by the giving of the relevant financial benefit to the related party—the members, as a whole, of that sub‑fund; or

(b) if 2 or more sub‑funds would be affected by the giving of the relevant financial benefit to the related party—the members, as a whole, of each such sub‑fund.

(3) Chapter 2E does not apply to a wholesale CCIV.

Related sections

• s 1226H — Contraventions by auditor
• s 1226J — Removal and resignation of auditors
• s 1226K — Action on change of auditor of compliance plan
• s 1227A — Need for member approval for financial benefit
• s 1227B — Exceptions not available for a retail CCIV
• s 1227C — Requirements for explanatory statement to members

Research how courts apply s 1227

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