Section 1237D — Corporations Act 2001 (Cth)

When a sub‑fund is presumed to be insolvent

Paragraph 459C(2)(a) is taken to be satisfied in relation to a sub‑fund of a CCIV if:

(a) the CCIV failed (as defined by section 459F) to comply with a statutory demand; and

(b) the failure affects the sub‑fund (see subsection 1237E(3)).

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 1237A — No winding up of a CCIV
s 1237B — Applying winding up provisions to sub‑funds
s 1237C — References to debts etc. of a sub‑fund
s 1237E — Statutory demand—creditor may serve demand on CCIV
s 1237F — Statutory demand—CCIV may apply to set aside demand
s 1237G — Statutory demand—determining application to set aside where there is a dispute or offsetting claim

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