Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:2:p11
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 2 (pt 11/26)
Character Range: 1560342–1563195

Act 1959);
 (iii) rights to Australian or foreign currency that is held in a deposit‑taking facility made available by a body corporate that is authorised to carry on a banking business (within the meaning of that Act) in a foreign country;
 (iv) securities;
 (v) derivatives; and
 (b) are held in accordance with the requirements mentioned in subregulation (2).
 (2) For the purposes of subregulation (1), the following requirements apply in relation to the holding, by a person, of assets of a sub‑fund of a CCIV that are prescribed assets:
 (a) a requirement that the person holds the prescribed assets separately from any money or property of the person;
 (b) a requirement that there are adequate safeguards in place for the protection of the prescribed assets, including if the assets of another sub‑fund of the CCIV or the assets of another entity are subject to external administration;
 (c) a requirement that the person do all things necessary to ensure that not holding the prescribed assets in accordance with subsections 1234J(1) to (3) of the Act does not restrict the CCIV's capacity to exercise any rights in respect of the prescribed assets;
 (d) a requirement that the person do all things necessary to ensure that a reconciliation of the prescribed assets occurs:
 (i) each business day; or
 (ii) if it is ordinary and reasonable, in commercial practice, to reconcile assets of the same class less frequently—as frequently as reconciliation of assets of that class would occur in accordance with that practice;
 (e) if there is a discrepancy in the reconciliation of the prescribed assets—a requirement that the person do all things necessary to rectify the discrepancy within the period of 2 business days starting after the day the person identifies, or becomes aware of, the discrepancy;
 (f) a requirement that the person:
 (i) keep adequate records of the prescribed assets; and
 (ii) provide reasonable assistance to the corporate director of the CCIV.
Note: For the purposes of paragraph (e), one of the ways a discrepancy may be rectified is through the provision of additional property by the CCIV at the request of the person holding the property.

Corporations Regulations 2001

Statutory Rules No. 193, 2001
made under the

Corporations Act 2001

Compilation No. 201

Compilation date: 10 December 2024

                Includes amendments: F2024L01610

This compilation is in 7 volumes

Volume 1: regulations 1.0.01–6D.5.03
Volume 2: regulations 7.1.04–7.6.08E
Volume 3: regulations 7.7.01–8B.5.20
Volume 4: regulations 9.1.01–12.9.03
Volume 5: Schedules 1, 2 and 2A
Volume 6: Schedules 3–13
Volume 7: Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Corporations Regulations 2001 that shows the text of the law as amended and in force on 10