Section 1228 — Corporations Act 2001 (Cth)

(1) The corporate director of a CCIV may pass a resolution by the directors of the corporate director passing a resolution that:

(a) expressly states that the resolution is passed on behalf of the corporate director in its capacity as corporate director; and

(b) if the corporate director is the corporate director of more than one CCIV—expressly states the CCIV on behalf of which the resolution is passed.

(2) Part 2G.1 (about directors’ meetings) does not apply to a CCIV.

(3) To avoid doubt, subsection (2) does not affect:

(a) the application of Part 2G.1 to a resolution of, or a meeting of, the directors of the corporate director of a CCIV; or

(b) the application of Part 2G.3 (about minutes and members’ access to minutes) to a resolution passed under subsection (1).

Related sections

• 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
• s 1228A — Meetings of members of CCIVs
• s 1228B — Meetings of members of sub‑funds
• s 1228C — Auditors of scheme compliance plans

Research how courts apply s 1228

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