Section 1227J — Corporations Act 2001 (Cth)

In its application to a CCIV whose constitution does not set out the procedure for varying or cancelling rights attached to shares in a class of shares, subsection 246B(2) is taken to require a special resolution of the members of the sub‑fund of the CCIV to which the shares are referable, instead of a special resolution of the CCIV.

Note: Paragraphs 246B(2)(c) and (d) will also require either a special resolution of members of the affected class or the written consent of members with at least 75% of the votes in the class.

Related sections

• s 1227F — Grounds for Court order
• s 1227G — Orders the Court can make
• s 1227H — Applying for and granting leave
• s 1227K — Certain actions taken to vary rights etc.
• s 1227L — Company must lodge documents and resolutions with ASIC
• s 1227M — Civil liability of corporate director to members

Research how courts apply s 1227J

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