Section 1237E — Corporations Act 2001 (Cth)

(1) A person may serve a statutory demand on a CCIV under section 459E.

(2) However, subsection 459E(2) applies to a statutory demand served on a CCIV as if it also required the demand to specify, in relation to each debt to which the demand relates:

(a) the sub‑fund or sub‑funds of the CCIV of which the debt is a liability; and

(b) if the debt is a liability of 2 or more sub‑funds of the CCIV—the proportion of the debt allocated to each sub‑fund at the time the demand is served.

(3) Whether a CCIV has failed to comply with a statutory demand is determined under section 459F. If the CCIV has failed to comply with a statutory demand, the failure affects each sub‑fund specified in the demand.

Note: The sub‑funds specified may be affected by a variation made by the Court under subsection 1237H(3).

Related sections

• s 1237B — Applying winding up provisions to sub‑funds
• s 1237C — References to debts etc. of a sub‑fund
• s 1237D — When a sub‑fund is presumed to be insolvent
• 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
• s 1237H — Statutory demand—determining application to set aside where there is a dispute about the sub‑fund

Research how courts apply s 1237E

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