Document ID: chunk:federal_register_of_legislation:C2019A00037:clause:2_258g
Version: federal_register_of_legislation:C2019A00037
Segment Type: clause
Provision Reference: sch 2 cl 258G
Character Range: 12971–14154

258G  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.