Document ID: chunk:federal_register_of_legislation:F2022C01149:body:0:p8
Version: federal_register_of_legislation:F2022C01149
Segment Type: other
Provision Reference: 
Character Range: 17917–20558

to the deed of cross guarantee and taking advantage of the relief afforded by this instrument; and
(ii) resolved either:
(A) that the company should continue to remain a party to the deed of cross guarantee; or
(B) that the company should seek to revoke the deed of cross guarantee in respect of the company;
           Deed of cross guarantee and membership of the closed group
(j)  either:
(i) the company remained as a wholly-owned entity of the holding entity at all times in the period from the end of the relevant financial year until the date on which:
(A) the consolidated financial statements required by paragraph (r); or
(B) the document required by subparagraph (s)(iii));
                  are lodged with ASIC; or
Note:  The circumstances in which the company will cease to be a wholly-owned entity of the holding entity include if either the company or the holding entity cease to be parties to the deed of cross guarantee: see definitions of holding entity and wholly-owned entities in section 4.
(ii) otherwise, both the following apply:
(A) within one month after ceasing to be a wholly-owned entity of the holding company, the company became party to another deed of cross guarantee with another holding entity, an original of which has been lodged with ASIC;
(B) after making reasonable and diligent enquiries, the directors of the company have no reason to believe at the relevant time that the company may not be able to obtain relief under this instrument in respect of its next financial year;
(k) except in relation to a deed of cross guarantee lodged with ASIC before 1 July 2004, at the relevant time:
(i) a company holds office as trustee under the deed of cross guarantee; and
(ii) if the person holding office as trustee under the deed of cross guarantee is a Group Entity (within the meaning of that deed), another person that is a company holds office as alternative trustee under that deed;
(l) where the deed of cross guarantee was lodged with ASIC before 1 July 2004, that deed was approved by ASIC for the purposes of a previous order;
(m) before the end of the relevant financial year:
(i)  an original of:
(A) the deed of cross guarantee; and
(B) if the company became party to the deed of cross guarantee by an assumption deed—that assumption deed;
                  has been lodged with ASIC; and
(ii)  where the lodgement of a deed referred to in subparagraph (i) occurred on or after 1 July 2004—an original of a certificate relating to that deed has also been lodged with ASIC by the relevant time, where that certificate conforms with the definition of certificate as it appears in this instrument