Section 258GCorporations Act 2001 (Cth)

Application of this Part to MCI mutual entities

(1) For the purposes of applying this Part to an MCI mutual entity, a reference (other than in section 258B) to a shareholder of the entity is taken to include a non‑shareholder mutual member of the entity.

(2) For the purposes of applying Division 1 to an MCI mutual entity:

(a) any reduction of the entity’s share capital that relates to MCIs is taken to be a selective reduction; and

(b) the reference to all ordinary shareholders in paragraph 256C(2)(b) is taken to be a reference to all members of the entity.

(3) For the purposes of applying Division 2 to an MCI mutual entity:

(a) any scheme to buy back MCIs is taken not to be an equal access scheme; and

(b) subsections 257B(4) and (5) (the 10/12 limit) have effect in relation to MCIs issued by a mutual entity as if each MCI were a voting share with one vote attached to it; and

(c) the reference to all ordinary shareholders in paragraph 257D(1)(b) is taken to be a reference to all members of the entity.

(4) To avoid doubt, this section does not have the effect of treating a non‑shareholder mutual member’s membership of an MCI mutual entity as a share.

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.

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