Section 1228E — Corporations Act 2001 (Cth)

(1) Subsection 252L(1B) applies in relation to a CCIV as if:

(a) the requirement in paragraph 252L(1B)(c) that the registered scheme be listed did not apply; and

(b) the resolution is subject to a further requirement that it must not treat members of any sub‑fund of the CCIV differently from members of any other sub‑fund of the CCIV.

Note: The effect of paragraph (1)(a) is that subsection 252L(1B) will apply to all CCIVs, including a CCIV that is a listed company.

(2) Subsection 252L(1B) applies in relation to one or more sub‑funds of a CCIV as if:

(a) paragraph 252L(1B)(c) did not apply; and

(b) the resolution is subject to a further requirement that it must not affect the interests of any member of any other sub‑fund of the CCIV.

Note: A CCIV that is a listed company has only one sub‑fund, see section 1222N.

Related sections

• s 1228B — Meetings of members of sub‑funds
• s 1228C — Auditors of scheme compliance plans
• s 1228D — Copy of the register of members—sub‑funds
• s 1228F — Voting at meetings of members
• s 1228G — Corporate director and associates cannot vote if interested in resolution
• s 1228H — How to work out the value of a share

Research how courts apply s 1228E

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