Document ID: chunk:federal_register_of_legislation:C2025C00185:section:8
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 8
Character Range: 5205499–5208070

8                         refers to the incorporation of the relevant company                                                                                                                                                                                                                                                                                                                                                             the registration of the sub‑fund

Note 1: Item 1—for example, in paragraph 459P(1)(b) there is an implied reference to "of the company" after "a creditor", and in paragraph 459P(1)(c) there is an implied reference to "of the company" after "a contributory". For a CCIV, both these implied references would be substituted with implied references to "of the sub‑fund".
Note 2: Item 4—for example, if the winding up of a sub‑fund of a CCIV commences, section 468A will operate to void a transfer of shares in the CCIV only if the shares are referable to the sub‑fund.
Note 3: Item 7—for example, subsection 495(1) requires the members of the sub‑fund to appoint a liquidator or liquidators.
 (5) Despite item 1 of the table in subsection (4), a reference covered by column 1 of that item is taken to be a reference to the CCIV if the context of the reference so requires (for example, because the reference requires the legal capacity and powers of a company).
Note 1: For example, the references in paragraphs 459P(1)(a) and 462(2)(a) to "the company" are taken to be references to "the CCIV" because an application to the Court would be made by the legal person that is the CCIV.
Note 2: For example, the reference in subsection 461(2) to "A company must lodge" is taken to be a reference to "The CCIV must lodge" because the lodging of documents with ASIC would be done by the legal person that is the CCIV.
Note 3: For example, the reference in section 493 to the "corporate state and corporate powers of the company" is a reference to the "corporate state and corporate powers of the CCIV".
 (6) If a reference in a provision to the relevant company is, as a result of subsection (5), taken to be a reference to the CCIV, the operation of the provision in relation to the CCIV is confined, to the extent possible, to the sub‑fund.
Note: For example, the first reference in paragraph 471B(a) to "the company" is a reference to the CCIV, because only a legal person can be a party to a proceeding in a court. However, the operation of section 471B to prevent proceedings against the CCIV is confined to proceedings that relate to the sub‑fund.