Document ID: chunk:federal_register_of_legislation:F2022C01149:body:0:p3
Version: federal_register_of_legislation:F2022C01149
Segment Type: other
Provision Reference: 
Character Range: 5345–8083

in accordance with subsection 127(2) of the Act;
           and the provider of the certificate does not know and has no reason to suspect that the deed has not been duly executed by the company;
           (c)  that the provider of the certificate, after having made such inquiries as were reasonable in the circumstances, is of the opinion that the deed has been duly executed by each party to it that is not a company;
       where the certificates referred to in paragraphs (a), (b) and (c) are given by a lawyer who holds a practising certificate.
       closed group means the holding entity and the wholly-owned entities.
       closely-held subsidiary: a body is a closely-held subsidiary of a holding entity if, and only if, no member of the body is a person other than:
(a) the holding entity; or
(b) a nominee of the holding entity; or
(c) a body that is a closely-held subsidiary of the holding entity because of any other application or applications of this definition: or
(d) a nominee of a body referred to in paragraph (c).
       control has the same meaning as in Accounting Standard AASB 10 Consolidated Financial Statements.
       consolidated financial statements has the same meaning as in Accounting Standard AASB 10 Consolidated Financial Statements.
       deed of cross guarantee means each of the following:
           (a) in the case of a deed lodged with ASIC:
              (i) before the day this instrument commences; or
              (ii) for the purposes of ASIC Class Order [CO 98/1418] (as continued in force by section 13);
           a Deed of Cross Guarantee as defined in the first order to ASIC Class Order [CO 98/1418] (as continued in force by section 13);
           (b) a deed that has been lodged with ASIC for the purposes of this instrument and that is in exactly the same terms as ASIC Pro Forma 24 (as at the date of this instrument) except for the following:
(i) all instructions for the inclusion of specified information have been replaced by that information in a complete and accurate manner and any consequential changes of a minor or editorial nature that are necessary for the effective operation of the deed have been made;
(ii)  execution clauses have been added as required in order to facilitate the proper execution of the deed;
(iii) the date has been completed; and
(iv) the headnote, the headings before the headnote and any editorial note have been omitted;
       and includes such a deed as varied by:
           (c)  an assumption deed that is lodged with ASIC together with a certificate relating to that deed; or
           (d)  a revocation deed; or
           (e) in the case of a deed referred to in paragraph (a)—a deed of variation that is lodged with ASIC and