Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p3
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 3/148)
Character Range: 336280–338902

of the Act must be in the approved form.

5C.1.02  Change of name of registered schemes
 (1) To change the name of a registered scheme, the responsible entity of the scheme must lodge a notice in the approved form stating the proposed name of the scheme.
 (2) The stated name must not be the same as the name of:
 (a) another managed investment scheme that is the subject of an application for registration under section 601EB of the Act that is lodged but not yet determined; or
 (b) a registered scheme; or
 (c) a foreign passport fund in relation to which a notice of intention has been lodged under section 1213 of the Act if:
 (i) the operator of the fund has not withdrawn the notice under subsection 1213(3) of the Act; and
 (ii) ASIC has not rejected the notice of intention under section 1213B of the Act; or
 (d) a notified foreign passport fund.
 (3) On application in accordance with this regulation, ASIC must amend the record of the registration of the scheme to include the name of the scheme as proposed to be amended.

5C.1.03  Modification (Act s 601QB)
 (1) For section 601QB of the Act, the operation of Chapter 5C of the Act is modified in accordance with this regulation.
 (2) If:
 (a) a managed investment scheme is registered under section 601EB of the Act; and
 (b) the managed investment scheme is also registered on the Australian Business Register; and
 (c) the last 9 digits of the ABN of the registered scheme are the same, and in the same order, as the last 9 digits of its ARSN; and
 (d) a document relating to the scheme is lodged with ASIC, and displays that ABN;
section 601EC of the Act does not apply to the document.

Part 5C.2—The responsible entity

5C.2.01  Duty of responsible entities' agents—surveillance checks
  The agent of a responsible entity must take all reasonable steps to assist the entity and ASIC when ASIC is conducting a check whether the entity is complying with the constitution and compliance plan of a registered scheme and with the Act.

5C.2.02  Appointment of temporary responsible entities
  ASIC, or a member of a registered scheme, may apply to the Court for the appointment of a temporary responsible entity of the scheme if ASIC or member reasonably believes that the appointment is necessary to protect scheme property or the interests of members of the scheme.

5C.2.03  Form of notices (Act ss 601FL(2) and 601FM(2))
  A notice to be lodged under subsection 601FL(2) or 601FM(2) of the Act must be in the approved form.

5C.2.04  Notice of appointment of temporary responsible entities
  As soon as practicable after the Court appoints a temporary