Section 1239H — Corporations Act 2001 (Cth)

(1) If a CCIV is deregistered and:

(a) ASIC reinstates the registration of a sub‑fund of the CCIV under subsection 601AH(1); or

(b) the Court makes an order that ASIC reinstate the registration of the sub‑fund under subsection 601AH(2);

ASIC must also reinstate the registration of the CCIV.

Note: Notice of the reinstatement of the registration of the CCIV must be given: see section 1239J.

Effect of reinstatement

(2) If the registration of a CCIV is reinstated the CCIV is taken to have continued in existence as if it had not been deregistered.

Note: Any property of the CCIV that comprised assets of the sub‑fund that is still vested in the Commonwealth or ASIC revests in the CCIV: see subsection 1239G(4).

(3) To avoid doubt, the reinstatement of the registration of the CCIV also has the effect of reinstating, at the time the registration is reinstated, ASIC’s record, kept as part of the registration, of the company that is the corporate director or temporary corporate director of the CCIV.

Note: The company named in the record as the corporate director or temporary corporate director of the CCIV is the corporate director of the CCIV (see subsection 1224(3)). See section 1224S for what happens if the corporate director does not meet the requirements of section 1224F.

Related sections

• s 1239E — The Commonwealth’s and ASIC’s power to fulfil outstanding obligations in relation to deregistered sub‑fund
• s 1239F — Claims against insurers in relation to deregistered sub‑fund
• s 1239G — Reinstatement of a sub‑fund
• s 1239J — Notices relating to reinstatement of a sub‑fund
• s 1239K — Deregistration of a CCIV
• s 1239L — Books of the CCIV to be kept by former corporate director

Research how courts apply s 1239H

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