Corporations Regulations 2001

Contents

Chapter 1 Introductory
Chapter 2A Registration of companies
Chapter 2B Basic features of a company
Chapter 2C Registers
Chapter 2D Officers and employees
Chapter 2E Related party transactions
Chapter 2G Meetings
Chapter 2K Charges
Chapter 2L Debentures
Chapter 2M Financial reports and audit
Chapter 2N Updating ASIC information about companies and registered schemes
Chapter 5 External administration
Chapter 5B Bodies corporate registered as companies, and registrable bodies
Chapter 5C Managed investment schemes
Chapter 5D Licensed trustee companies
Chapter 6 Takeovers
Chapter 6A Compulsory acquisitions and buy-outs
Chapter 6CA Continuous disclosure
Chapter 6D Fundraising
Chapter 7 Financial services and markets
Chapter 8 Mutual recognition of securities offers
Chapter 8A Asia Region Funds Passport
Chapter 8B Corporate collective investment vehicles
Chapter 9 Miscellaneous
Chapter 10 Repeals, transitional matters and application provisions
Chapter 12 Financial sector reform
Schedule 1 List of forms in Schedule 2
Schedule 2 Forms
Schedule 2A Forms of transfer of Division 3 securities
Schedule 3 Specified offices
Schedule 4 Prescribed amounts
Schedule 5C Conduct of auditor—relevant relationships
Schedule 6 Availability of names
Schedule 7 Exemptions from requirements to set out certain corporate particulars
Schedule 7A Content of annual transparency report
Schedule 8 Schemes of arrangement under Part 5.1 of the Act
Schedule 8A Deed of company arrangement—prescribed provisions
Schedule 8AA Trustee companies
Schedule 8AB Prescribed State and Territory provisions for paragraph 601RAE(4)(a) of the Act
Schedule 8AC Prescribed State and Territory laws and provisions for paragraph 601RAE(4)(b) of the Act—estate administration
Schedule 8AD Prescribed State and Territory laws and provisions for paragraph 601RAE(4)(b) of the Act
Schedule 8AE Relevant State and Territory provisions
Schedule 8C Modifications of Part 7.5 of the Act—compensation regimes
Schedule 8D Tables for reporting portfolio holding information
Schedule 9 Companies authorised to effect transfers under Part 7.11 of the Act
Schedule 10 Disclosure of fees and other costs
Schedule 10A Modifications of Part 7.9 of the Act
Schedule 10AA Modifications of the Act in relation to their application in respect of a recognised offer or a proposed offer of securities that may become a recognised offer
Schedule 10BA Modifications of the Act relating to Short-Form Product Disclosure Statements
Schedule 10C Form and content of Product Disclosure Statement—standard margin lending facility
Schedule 10D Form and content of Product Disclosure Statement—superannuation product to which Subdivision 4.2B of Division 4 of Part 7.9 applies
Schedule 10E Form and content of Product Disclosure Statement—simple managed investment scheme
Schedule 10F Form and content of Product Disclosure Statement—simple sub-fund products
Schedule 11 Persons who are not covered by section 1433 of the Act
Schedule 12 ASIC transitional standards
Schedule 13 Transition to Part 3 of the Insolvency Practice Schedule (Corporations)

18,101 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

Chapter 1 · Introductory
1. Part 1.0 Miscellaneous
2. Part 1.1 Prescribed amounts
3. Part 1.2 Interpretation
4. Part 1.2A Disclosing entities
Chapter 2A · Registration of companies
1. Part 2A.1 Size of partnerships or associations (Act s 115(2))
2. Part 2A.2 Change of place of registration of company (Act s 119A(3))
Chapter 2B · Basic features of a company
1. Part 2B.6 Names
Chapter 2C · Registers
1. Part 2C.1 Registers generally
Chapter 2D · Officers and employees
1. Part 2D.2 Restrictions on indemnities, insurance and termination payments
2. Part 2D.6 Disqualification from managing corporations
3. Part 2D.7 Ban on hedging remuneration of key management personnel
Chapter 2E · Related party transactions
1. 2E.1.01 Small amounts given to related entity
Chapter 2G · Meetings
1. Part 2G.2 Meetings of members of companies
Chapter 2K · Charges
1. Part 2K.2 Registration
Chapter 2L · Debentures
1. Part 2L.2 Duties of borrower
Chapter 2M · Financial reports and audit
1. Part 2M.3 Financial reporting
2. Part 2M.4 Auditor
3. Part 2M.4A Annual transparency reports for auditors
4. Part 2M.6 Modification of the operation of Chapter 2M of the Act
Chapter 2N · Updating ASIC information about companies and registered schemes
1. Part 2N.2 Extract of particulars
2. Part 2N.4 Return of particulars
Chapter 5 · External administration
1. Part 5.1 Arrangements and reconstructions
2. Part 5.2 Receivers, and other controllers, of corporations
3. Part 5.3A Administration of a company’s affairs with a view to executing a deed of company arrangement
4. Part 5.3B Restructuring of a company
5. Part 5.4 Winding up in insolvency
6. Part 5.4C Winding up by ASIC
7. Part 5.5 Voluntary winding up
8. Part 5.6 Winding up generally
9. Part 5.7B Recovering property or compensation for the benefit of creditors of insolvent company
Chapter 5B · Bodies corporate registered as companies, and registrable bodies
1. Part 5B.2 Registrable bodies
2. Part 5B.3 Names of registrable Australian bodies and foreign companies
Chapter 5C · Managed investment schemes
1. Part 5C.1 Registration of managed investment schemes
2. Part 5C.2 The responsible entity
3. Part 5C.4 The compliance plan
4. Part 5C.5 The compliance committee
5. Part 5C.9 Winding up
6. Part 5C.11 Exemptions and modifications
Chapter 5D · Licensed trustee companies
1. Part 5D.1 Preliminary
2. Part 5D.2 Powers etc of licensed trustee companies
3. Part 5D.3 Regulation of fees charged by licensed trustee companies
4. Part 5D.4 Obligations of receiving company after transfer
5. Part 5D.5 ASIC-approved transfers of estate assets and liabilities
Chapter 6 · Takeovers
1. Part 6.2 Exceptions to the prohibition
2. Part 6.6 Variation of offers
3. Part 6.8 Acceptances
4. Part 6.10 Review and intervention
Chapter 6A · Compulsory acquisitions and buy-outs
1. Part 6A.1 Compulsory acquisitions and buy-outs after takeover bid
Chapter 6CA · Continuous disclosure
1. 6CA.1.01 Continuous disclosure: other disclosing entities
Chapter 6D · Fundraising
1. Part 6D.2 Disclosure to investors about securities
2. Part 6D.3A Crowd-sourced funding
3. Part 6D.5 Fundraising—miscellaneous
Chapter 7 · Financial services and markets
1. Part 7.7 Financial service disclosure
2. Part 7.7A Best interests obligations and remuneration
3. Part 7.8 Other provisions relating to conduct etc connected with financial products and financial services, other than financial product disclosure
4. Part 7.8A Design and distribution requirements relating to financial products for retail clients
5. Part 7.9 Financial product disclosure and other provisions relating to issue and sale of financial products
6. Part 7.10 Market misconduct and other prohibited conduct relating to financial products and financial services
7. Part 7.10B Financial services compensation scheme of last resort
8. Part 7.11 Title and transfer
9. Part 7.12 Miscellaneous
Chapter 8 · Mutual recognition of securities offers
1. Part 8.1 Preliminary
2. Part 8.2 Foreign offers that are recognised in this jurisdiction
Chapter 8A · Asia Region Funds Passport
1. Part 8A.4 Notified foreign passport funds
2. Part 8A.5 Register of passport funds
3. Part 8A.7 Deregistration and denotification
Chapter 8B · Corporate collective investment vehicles
1. Part 8B.4 Corporate finance and financial reporting for CCIVs
2. Part 8B.5 Operating a CCIV
Chapter 9 · Miscellaneous
1. Part 9.1 Registers and registration of documents
2. Part 9.2 Registration of auditors
3. Part 9.2A Authorised audit companies
4. Part 9.4A Register and index
5. Part 9.4AB Infringement notices
6. Part 9.5 Delegation of powers and functions under the Act
7. Part 9.7 Unclaimed property
8. Part 9.10 Fees imposed by the Corporations (Fees) Act 2001 and the Corporations (Review Fees) Act 2003
9. Part 9.12 Matters relating to regulations
Chapter 10 · Repeals, transitional matters and application provisions
1. Part 10.2 Transitional arrangements relating to Financial Services Reform legislation
2. Part 10.5 Transitional provisions relating to the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004
3. Part 10.15 Transitional provisions relating to the Corporations Amendment (Financial Market Supervision) Act 2010
4. Part 10.19 Transitional matters relating to MySuper measures
5. Part 10.21 Application provisions relating to the Corporations Amendment (Central Clearing and Single-Sided Reporting) Regulation 2015
6. Part 10.22 Application provisions related to the Corporations Amendment (Financial Services Information Lodgement Periods) Regulation 2015
7. Part 10.23 Application provisions relating to the Corporations Amendment (Remuneration Disclosures) Regulation 2016
8. Part 10.24 Application provisions relating to the Financial Services Legislation Amendment (Wholesale Margining) Regulation 2016
9. Part 10.25 Transition to Part 3 of the Insolvency Practice Schedule (Corporations)
10. Part 10.25A Application provisions relating to the Treasury Laws Amendment (Fair and Sustainable Superannuation) Regulations 2017
11. Part 10.26 Application provisions related to the Corporations Amendment (Client Money) Regulations 2017
12. Part 10.27 Transitional provisions relating to the Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Regulations 2018
13. Part 10.28 Application provisions related to the Corporations Amendment (Client Money Reporting Rules Enforcement Powers) Regulations 2018
14. Part 10.29 Application and transitional provisions relating to the Treasury Laws Amendment (Protecting Your Superannuation Package) Regulations 2019
15. Part 10.30 Application provisions relating to the Corporations Amendment (Proprietary Company Thresholds) Regulations 2019
16. Part 10.31 Application provisions relating to the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Regulations 2019
17. Part 10.32 Application provisions relating to the Treasury Laws Amendment (AFCA Cooperation) Regulations 2019
18. Part 10.33 Application provisions relating to the Treasury Laws Amendment (Ending Grandfathered Conflicted Remuneration) Regulations 2019
19. Part 10.34 Application provisions related to the Corporations Amendment (National Guarantee Fund Payments) Regulations 2019
20. Part 10.35 Application provisions relating to the Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021
21. Part 10.37 Application provisions relating to the Treasury Laws Amendment (Financial Services Improved Consumer Protection) (Funeral Expenses Facilities) Regulations 2019
22. Part 10.38 Application provisions relating to the Corporations Amendment (Litigation Funding) Regulations 2020
23. Part 10.39 Application provisions for the Financial Sector Reform (Hayne Royal Commission Response) (Hawking of Financial Products) Regulations 2021
24. Part 10.40 Application provisions relating to the Financial Sector Reform (Hayne Royal Commission Response) (Regulation of Superannuation) Regulations 2020
25. Part 10.41 Application provisions relating to the Financial Sector Reform (Hayne Royal Commission Response—Breach Reporting and Remediation) Regulations 2021
26. Part 10.42 Application provisions relating to the Financial Sector Reform (Hayne Royal Commission Response) (2021 Measures No. 1) Regulations 2021
27. Part 10.43 Application provisions relating to simplified liquidation process under the Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020
28. Part 10.45 Application provisions relating to the Corporations Amendment (Statutory Minimum) Regulations 2021
29. Part 10.47 Application provisions relating to the Corporations Amendment (Litigation Funding) Regulations 2021
30. Part 10.48 Application provisions relating to the Corporations Amendment (Litigation Funding) Regulations 2022
31. Part 10.49 Application provisions relating to Schedule 1 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Regulations 2022
32. Part 10.50 Application provisions relating to the Treasury Laws Amendment (Financial Reporting and Auditing of Registrable Superannuation Entities) Regulations 2023
33. Part 10.51 Application provisions relating to the Treasury Laws Amendment (Precontractual Disclosure and Other Measures) Regulations 2023
34. Part 10.52 Application provisions relating to the Treasury Laws Amendment (Delivering Better Financial Outcomes) Regulations 2024
35. Part 10.53 Application provisions relating to the Treasury Laws Amendment (Time-Limiting Exemptions) Regulations 2025
Chapter 12 · Financial sector reform
1. Part 12.1 Preliminary
2. Part 12.2 Transitional matters—general
3. Part 12.4 Notice of meetings of certain bodies corporate
4. Part 12.5 Determinations and declarations in relation to certain instruments
5. Part 12.6 Financial reporting by certain bodies corporate
6. Part 12.7 Other disclosure
7. Part 12.8 Shares in certain bodies corporate
8. Part 12.9 Winding up and deregistration of certain transferring financial institutions
Schedule 1 · List of forms in Schedule 2
1. (regulation 1.0.03)
2. Column 1 Column 2 Column 3 Column 4 Item Provision of the Act or the Regulations Description of form No. of form Chapter 1 Introductory 1 Regulation 1.0.16 Veri
Schedule 2 · Forms
1. (regulations 1.0.02 and 1.0.03)
2. Form 314
3. Form 501
4. Form 502
5. Form 503
6. Form 509A
7. Form 509B
8. Form 509E
9. Form 509H
10. Form 527
11. Form 535
12. Form 536
13. Form 537
14. Form 538
15. Form 539
16. Form 541
17. Form 542
18. Form 543
19. Form 544
20. Form 547
21. Form 548
22. Form 549
23. Form 550
24. Form 551
25. Form 552
26. Form 553
27. Form 701
28. Form 586
29. Form 587
30. Form 588
31. Form 589
32. Form 719
33. Form 719A
34. Form 719B
35. Form 720
36. Form 721
37. Form 905
Schedule 2A · Forms of transfer of Division 3 securities
1. (regulation 7.11.04)
2. Form 1
3. Form 2
4. Form 3
5. Form 4
6. Form 5
7. Form 6
8. Form 7
9. Form 8
10. Form 9
11. Form 10
Schedule 3 · Specified offices
1. (regulation 6.2.02)
2. Column 1 Column 2 Column 3 Column 4 Item Office Law Jurisdiction 1 Treasurer Commonwealth 2 Trustee Parts IV, X and XI of the Bankruptcy Act 1966 Commonwealth 3
Schedule 4 · Prescribed amounts
1. (regulation 1.1.01)
2. Column 1 Column 2 Column 3 Item Matter Amount ($) 1 Inspection of registers for the purposes of: (a) subsection 173(2) or subsection 672DA(7): (i) if a register
Schedule 5C · Conduct of auditor—relevant relationships
1. (regulation 2M.6.05)
2. 1 Money owed—debt
3. 2 Money owed—deposit account
4. 3 Public company auditor (annual appointments at AGMs to fill vacancies)
Schedule 6 · Availability of names
1. (regulations 2B.6.01, 2B.6.02, 5B.3.01, 5B.3.02 and 8A.4.10)
2. Part 1 Rules for ascertaining whether names are identical
3. Part 2 Names unacceptable for registration
4. Part 3 Restricted words and phrases
5. Part 4 Consent required to use restricted words and phrases
6. Part 5 Names relating to financial institutions for use of which consent is required
Schedule 7 · Exemptions from requirements to set out certain corporate particulars
1. (regulations 2B.6.03 and 5B.3.03)
2. 7001 Definitions for Schedule 7
3. 7002 Exemption for certain IATA documents
4. 7003 Exemption for bills of lading and sea waybills
5. 7004 Exemptions—quotation of ACNs and ARBNs
Schedule 7A · Content of annual transparency report
1. (subregulation 2M.4A.02(1))
2. Part 1 Interpretation for Schedule 7A
3. Part 2 Prescribed information for audit firm or authorised audit company
4. Part 3 Prescribed information for individual auditor
Schedule 8 · Schemes of arrangement under Part 5.1 of the Act
1. (regulation 5.1.01)
2. Chapter 5 External administration
Schedule 8A · Deed of company arrangement—prescribed provisions
1. (regulation 5.3A.06)
2. 1 Administrator deemed agent of company
3. 2 Powers of administrator
4. 3 Termination of deed where arrangement fails
5. 4 Priority
6. 5 Discharge of debts
7. 6 Claims extinguished
8. 7 Bar to creditors’ claims
9. 8 Making claims
10. 10 Lodging of accounts
11. 11 Committee of inspection
12. 12 Termination of deed where arrangement achieves purpose
Schedule 8AA · Trustee companies
1. (regulation 5D.1.01A)
2. Item Trustee companies 1 ANZ Trustees (Canberra) Limited 2 ANZ Trustees Limited 3 Australian Executor Trustees Limited 4 Australian Executor Trustees (Canberra)
Schedule 8AB · Prescribed State and Territory provisions for paragraph 601RAE(4)(a) of the Act
1. (subregulation 5D.1.04(1))
2. Item State or Territory law and provisions 1 Trustee Companies Act 1984 (Vic), sections 40–42 2 Trustee Companies Act 1987 (WA), Part IV and section 34 3 Truste
Schedule 8AC · Prescribed State and Territory laws and provisions for paragraph 601RAE(4)(b) of the Act—estate administration
1. (subregulation 5D.1.04(2) and subregulation 7.6.02(6))
2. Item State or Territory law and provisions 1 Children and Young Persons (Care and Protection) Act 1998 (NSW) 2 Guardianship Act 1987 (NSW) 3 NSW Trustee and Gua
Schedule 8AD · Prescribed State and Territory laws and provisions for paragraph 601RAE(4)(b) of the Act
1. (subregulation 5D.1.04(3))
2. Item State or Territory law and provisions NEW SOUTH WALES 1A Legal Profession Act 2004 and any regulations made under that Act 1 Probate and Administration Act
Schedule 8AE · Relevant State and Territory provisions
1. (regulation 5D.2.06)
2. Item State or Territory provisions 1 Trustee Act 1925 (NSW), Part 2, Division 2 2 Trustee Act 1958 (Vic), Part I 3 Trusts Act 1973 (Qld), Part 3 4 Trustees Act
Schedule 8C · Modifications of Part 7.5 of the Act—compensation regimes
1. (regulation 7.5.01A)
2. 1 Section 880B, definition of fidelity fund, subparagraph (b)(ii)
3. omit
4. markets;
5. insert
6. markets; or
7. 2 Section 880B, definition of fidelity fund, after paragraph (b)
8. insert
9. (c) the operator of the market or related body corporate of the operator of the market;
10. 3 Subsection 881A(2)
11. substitute
12. (1A) If:
13. (a) compensation arrangements under Division 4 apply to only some financial products acquired or disposed of through a licensed market; and
14. (b) paragraphs (1)(a) and (b) are satisfied for the other products acquired or disposed of through the licensed market;
15. there must be compensation arrangements in relation to the other products that are approved in accordance with Division 3.
16. (2) The compensation regime that applies to a financial market is:
17. (a) for a financial product to which Division 3 applies—the compensation regime constituted by Division 3; and
18. (b) for a financial product to which Division 4 applies—the compensation regime constituted by Division 4.
19. 4 Paragraph 885C(1)(b)
20. substitute
21. (b) the money or other property, or the authority, was given to the participant in connection with effecting a transaction, or proposed transaction, that:
22. (i) was covered by provisions of the operating rules of the market relating to transactions effected through the market; and
23. (ii) related to a particular financial product that was not covered by the compensation regime constituted by Division 4; and
24. 5 Section 885D, heading
25. substitute
26. 885D Certain losses that are or are not Division 3 losses
27. 6 After subsection 885D(2)
28. Insert:
29. (2A) Despite subsection (2), if, in relation to a loss suffered by a person:
30. (a) the requirements of subsection 885C(1) are satisfied in relation to a participant and a financial market, except that it is not reasonably apparent whether
31. (b) the relevant financial market has both Division 3 and Division 4 arrangements; and
32. (c) either:
33. (i) the person did not (expressly or impliedly) instruct the participant to use the money or other property to enter into a transaction that would be covered by
34. (ii) if the participant had authority to enter into transactions on the person’s behalf without specific authority, there is no evidence that the participant de
35. (d) the participant was permitted to trade in products that would be covered by the compensation regimes constituted by Division 3 and by Division 4; and
36. (e) it is not reasonably apparent from the usual business practice of the participant which of those transactions the participant proposed to undertake;
37. the loss is taken to be a Division 3 loss and not to be a loss that is connected with a financial market to which Division 4 applies.
38. (2B) Despite subsection (2), if:
39. (a) the requirements of subsection 885C(1) are satisfied in relation to a participant and a financial market; and
40. (b) the loss is also connected (see section 888A) with a financial market to which Division 4 applies; and
41. (c) the person did not (expressly or impliedly) instruct the participant to use a particular one of those markets; and
42. (d) it is not reasonably apparent from the usual business practice of the participant which of those markets the participant would use when acting for the perso
43. (e) the loss is connected with a transaction effected through a financial market to which Division 3 applies; and
44. (f) a claim cannot be made, or has been disallowed, under Division 4 (see subsection 888A(1));
45. the loss is taken to be a Division 3 loss and not to be a loss that is connected with a financial market to which Division 4 applies.
46. 7 Subsection 885J(1)
47. omit
48. adequate,
49. insert
50. adequate for the market, or segment of the market, for which the arrangements apply,
51. 8 Section 887A
52. substitute
53. 887A Markets to which this Division applies
54. (1) This Division applies to a financial market that is operated by:
55. (a) a body corporate that is a member of the SEGC; or
56. (b) a body corporate that is a subsidiary of such a member.
57. (2) However, this Division does not apply to a market mentioned in subsection (1):
58. (a) that the regulations state is not covered by this Division; or
59. (b) to the extent that it involves financial products covered by the compensation regime constituted by Division 3.
60. 9 After subsection 889J(1)
61. insert
62. (1A) However, a levy is payable only by an operator or a participant (including a participant who is suspended), in a financial market to which this Division ap
63. 10 After subsection 889K(2)
64. insert
65. (2A) However, a levy is payable only by a participant (including a participant who is suspended), in a financial market to which this Division applies, who is p
66. 10A After subsection 892B(1), including the note
67. insert
68. (1A) Nothing in subsection (1) prevents the Minister approving, in accordance with section 884C, a change to Division 3 arrangements that includes the withdrawa
69. 11 Paragraph 892K(1)(a)
70. after
71. report
72. insert
73. for a set of compensation arrangements
Schedule 8D · Tables for reporting portfolio holding information
1. (regulations 7.9.07Z and 7.9.07ZA)
2. 1 Table 1—Assets
3. 2 Table 2—Derivatives by kind of derivative
4. 3 Table 3—Derivatives by asset class
5. 4 Table 4—Derivatives by currency
Schedule 9 · Companies authorised to effect transfers under Part 7.11 of the Act
1. (regulation 7.11.01, definition of beneficial owner)
2. Item Companies 1 ANZ Nominees Limited 2 CHESS Depositary Nominees Pty Limited 3 Equity Nominees Limited 4 National Nominees Limited 5 Perpetual Nominees Limited
Schedule 10 · Disclosure of fees and other costs
1. (regulations 7.9.16K, 7.9.16M and 7.9.16N)
2. Part 1 Interpretation
3. Part 2 Fees and Costs Template, example of annual fees and costs and Consumer Advisory Warning for Product Disclosure Statements
4. Part 3 Fees and costs in periodic statements
Schedule 10A · Modifications of Part 7.9 of the Act
1. (regulations 7.9.02, 7.9.04, 7.9.05, 7.9.06, 7.9.09C, 7.9.11C, 7.9.11N, 7.9.11V, 7.9.12, 7.9.24, 7.9.27, 7.9.30, 7.9.43, 7.9.47, 7.9.51, 7.9.56, 7.9.60, 7.9.61,
2. Part 1 Modifications relating to sub-plans
3. Part 2 Modifications relating to Product Disclosure Statements for RSAs
4. Part 3 Modifications relating to insurance options under contract associated with superannuation interest
5. Part 5A Modifications for standard margin lending facilities
6. Part 5B Modifications for superannuation products to which Subdivision 4.2B of Division 4 of Part 7.9 applies
7. Part 5C Modifications for simple managed investment scheme
8. Part 5D Modifications for simple sub-fund product
9. Part 6 Modifications relating to application forms and Product Disclosure Statements for standard employer-sponsor arrangements and successor funds
10. Part 6A Modifications relating to MySuper measures
11. Part 7 Modifications relating to life pensioners, members subject to compulsory protection of small amounts and members with small amounts that are expected to grow quickly
12. Part 8 Modifications relating to periodic statements for RSA providers
13. Part 9 Modifications relating to periodic statements for superannuation entities and RSA providers
14. Part 10 Modifications relating to ongoing disclosure of material changes and significant events in relation to superannuation products and RSAs
15. Part 11 Modifications relating to charges for information requested
16. Part 12 Modifications relating to information when member leaves a fund
17. Part 13 Modifications relating to exceptions to exit reporting period provisions
18. Part 14 Modifications relating to obligation to give information about financial products
19. Part 15 Modifications for confirmation of transactions
20. Part 16 Modifications relating to reporting periods
21. Part 17 Modifications relating to application forms for specified superannuation products
22. Part 18 Modification of Part 7.9 of the Act—New Zealand offer documents replace Product Disclosure Statements where an offer relates to interests in a New Zealand managed investment scheme
23. Part 19 Modifications for carbon units, Australian carbon credit units and eligible international emissions units
Schedule 10AA · Modifications of the Act in relation to their application in respect of a recognised offer or a proposed offer of securities that may become a recognised offer
1. (regulation 8.4.02)
2. Part 1 Modification of Part 6D.2 of the Act—disclosure to investors not required for recognised offer under Chapter 8
3. Part 2 Modification of Part 7.9 of the Act—disclosure to investors not required for recognised offer under Chapter 8
Schedule 10BA · Modifications of the Act relating to Short-Form Product Disclosure Statements
1. (regulation 7.9.61AA)
2. Part 1 Modifications of Part 7.7 of the Act
3. Part 3 Modifications of Part 7.9 of the Act
Schedule 10C · Form and content of Product Disclosure Statement—standard margin lending facility
1. (regulation 7.9.11D)
2. 1 Length and font size for Product Disclosure Statement for standard margin lending facility
3. 2 Minimum content of Product Disclosure Statement for standard margin lending facility
4. 3 Contents of section 1 (About [name of provider of the standard margin lending facility] and [name of standard margin lending facility])
5. 4 Contents of section 2 (Benefits of [name of standard margin lending facility])
6. 5 Contents of section 3 (How [name of standard margin lending facility] works)
7. 6 Contents of section 4 (What is a margin call?)
8. 7 Contents of section 5 (The risk of losing money)
9. 8 Contents of section 6 (The costs)
10. 9 Contents of section 7 (How to apply)
Schedule 10D · Form and content of Product Disclosure Statement—superannuation product to which Subdivision 4.2B of Division 4 of Part 7.9 applies
1. (regulation 7.9.11O)
2. 1 Length and font size for Product Disclosure Statement for superannuation product
3. 2 Minimum content of Product Disclosure Statement for superannuation product
4. 3 Contents of section 1 (About [name of superannuation product])
5. 4 Contents of section 2 (How super works)
6. 5 Contents of section 3 (Benefits of investing with [name of superannuation product])
7. 6 Contents of section 4 (Risks of super)
8. 7 Contents of section 5 (How we invest your money)
9. 8 Contents of section 6 (Fees and costs)
10. 9 Contents of section 7 (How super is taxed)
11. 10 Contents of section 8 (Insurance in your super)
12. 11 Contents of section 9 (How to open an account)
Schedule 10E · Form and content of Product Disclosure Statement—simple managed investment scheme
1. (regulation 7.9.11W)
2. 1 Length and font size for Product Disclosure Statement for simple managed investment scheme
3. 2 Minimum content of Product Disclosure Statement for simple managed investment scheme
4. 3 Contents of section 1 (About [name of responsible entity])
5. 4 Contents of section 2 (How [name of simple managed investment scheme] works)
6. 5 Contents of section 3 (Benefits of investing in [name of simple managed investment scheme])
7. 6 Contents of section 4 (Risks of managed investment schemes)
8. 7 Contents of section 5 (How we invest your money)
9. 8 Contents of section 6 (Fees and costs)
10. 9 Contents of section 7 (How managed investment schemes are taxed)
11. 10 Contents of section 8 (How to apply)
Schedule 10F · Form and content of Product Disclosure Statement—simple sub-fund products
1. (regulation 7.9.11ZE)
2. 1 Length and font size for Product Disclosure Statement for simple sub-fund product
3. 2 Minimum content of Product Disclosure Statement for simple sub-fund product
4. 3 Contents of section 1 (About [name of corporate director])
5. 4 Contents of section 2 (How [name of CCIV and sub-fund] work)
6. 5 Contents of section 3 (Benefits of investing in [name of simple sub-fund product])
7. 6 Contents of section 4 (Risks of simple sub-fund products)
8. 7 Contents of section 5 (How we invest your money)
9. 8 Contents of section 6 (Fees and costs)
10. 9 Contents of section 7 (How sub-funds of CCIVs are taxed)
11. 10 Contents of section 8 (How to apply)
Schedule 11 · Persons who are not covered by section 1433 of the Act
1. (regulation 10.2.36)
2. Item Person Period 1 A person who is or has been an insolvent under administration 5 years after the start of the administration 2 A body corporate that has bee
Schedule 12 · ASIC transitional standards
1. (regulation 12.7.01)
2. 1. The following provisions of Book 3 of the Prudential Notes and Prudential Standards issued by AFIC under Part 4 of the AFIC Code of a State or Territory, as
3. (a) the modification of the accounting standard known as Accounting Standard AASB 1032 (published in the Gazette on 12 December 1996) by Prudential Standard 3.3
4. (b) Prudential Standard 3.5.4;
5. (c) Prudential Standard 3.5.5;
6. (d) Prudential Standard 3.7.1;
7. (e) Prudential Standard 3.7.4;
8. (f) Prudential Standard 3.7.5.
9. 2. The following provisions of Book 4 of the Prudential Notes and Prudential Standards issued by AFIC under Part 4 of the AFIC Code of a State or Territory, as
10. (a) the modification of the accounting standard known Accounting Standard AASB 1032 (published in the Gazette on 12 December 1996) by Prudential Standard 4.3.1,
11. (b) Prudential Standard 4.7.1;
12. (c) Prudential Standard 4.7.4;
13. (d) Prudential Standard 4.7.5.
14. 3. The following provisions of Book 5 of the Prudential Notes and Prudential Standards issued by AFIC under Part 4 of the AFIC Code of a State or Territory, as
15. (a) Prudential Standard 5.5.1;
16. (b) Prudential Standard 5.5.3;
17. (c) Prudential Standard 5.5.4.
18. 4. The following provisions of Book 6 of the Prudential Notes and Prudential Standards issued by AFIC under Part 4 of the AFIC Code of a State or Territory, as
19. (a) Prudential Standard 6.7.2;
20. (b) Prudential Standard 6.7.4;
21. (c) Prudential Standard 6.7.5;
22. (d) Prudential Standard 6.8.3.
Schedule 13 · Transition to Part 3 of the Insolvency Practice Schedule (Corporations)
1. Note: See subregulation 10.25.01(3).
2. Corporations Act 2001
3. 1 Section 1550 (paragraph relating to Part 3)
4. Omit “that starts on or after the commencement of Part 1 of Schedule 2 to the Insolvency Law Reform Act 2016”, substitute “that starts on or after 1 September 2
5. 2 After section 1554
6. Insert:
7. 1554A Saving of Register of Official Liquidators
8. (1) This section applies to the Register of Official Liquidators kept in accordance with subsection 1286(2) of the old Act.
9. (2) Despite the repeal of sections 1283 and 1286 by Schedule 2 to the Insolvency Law Reform Act 2016, the Register of Official Liquidators continues in existenc
10. 3 Section 1578 (paragraph relating to new external administrations)
11. Omit “the commencement of the Insolvency Law Reform Act 2016 (called new external administrations)”, substitute “1 September 2017”.
12. 4 Section 1579
13. Repeal the section, substitute:
14. 1579 Application of Part 3 of the Insolvency Practice Schedule (Corporations)—general rules
15. (1) Part 3 of the Insolvency Practice Schedule (Corporations) applies in relation to an external administration of a company that starts on or after 1 September
16. (2) Part 3 of the Insolvency Practice Schedule (Corporations) applies in relation to an ongoing external administration of a company in accordance with this Div
17. 5 Sections 1581 and 1582
18. Repeal the sections, substitute:
19. 1581 Old Act continues to apply in relation to remuneration for administrators already appointed or appointed during transition period
20. (1) Despite the repeal of sections 449E and 473 and the repeal and substitution of subsections 499(3) to (7) of the old Act by Schedule 2 to the Insolvency Law
21. (a) before the start time; or
22. (b) during the transition period.
23. (2) Despite subsection (1), if, under Subdivision F of this Division, Division 75 of the Insolvency Practice Schedule (Corporations) rather than the old Act wou
24. (3) In this section:
25. start time means the commencement of Schedule 1 to the Insolvency Law Reform Act 2016.
26. transition period means the period:
27. (a) starting immediately after the start time; and
28. (b) ending at the end of 31 August 2017.
29. 1582 Duties of administrators relating to remuneration and other benefits
30. (1) Section 60-20 of the Insolvency Practice Schedule (Corporations) applies on and after 1 September 2017 in relation to an external administrator of an ongoin
31. (2) However, that section does not apply in relation to arrangements made before 1 September 2017.
32. 6 Subsection 1582(1)
33. After “applies”, insert “on and after 1 September 2017”.
34. 7 Section 1584
35. Omit all the words after “applies”, substitute “on and after 1 September 2017 regardless of when the vacancy in the office of the liquidator arose”.
36. 8 At the end of section 1586
37. Add “on and after 1 September 2017”.
38. 9 Subsection 1588(2) (heading)
39. Repeal the heading, substitute:
40. 10 Subsection 1590(2) (heading)
41. Repeal the heading, substitute:
42. 11 At the end of section 1591
43. Add “on and after 1 September 2017”.
44. 12 Section 1592
45. Repeal the section, substitute:
46. 1592 Transitional rules for annual administration returns
47. (1) Section 70-5 of the Insolvency Practice Schedule (Corporations) applies in relation to a person if the person first began to be an external administrator of
48. (2) Section 70-5 of the Insolvency Practice Schedule (Corporations) also applies in relation to a person if the person first began to be an external administrat
49. (a) the first full year starting on or after 1 September 2017 that is an anniversary of when the person first began to be the external administrator of the comp
50. (b) each subsequent period of 12 months.
51. (3) Despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016, those provisions continue to apply to an external admin
52. (a) if the end of the 6-month period referred to in the old return provisions occurs before 1 March 2018—in relation to that period; and
53. (b) if the end of that period is not an anniversary of the administrator’s appointment—in relation to the subsequent 6-month period.
54. (4) To avoid doubt, despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016, audits may be continued in relation to
55. (5) In this section:
56. old return provisions means the following provisions of the old Act:
57. (a) subsection 438E(1);
58. (b) subsection 445J(1);
59. (c) subsection 539(1), other than the extent to which it relates to a liquidator ceasing to act as liquidator.
60. 1592A Transitional rules for end of administration returns
61. (1) Section 70-6 of the Insolvency Practice Schedule (Corporations) applies in relation to external administrations that end on or after 1 September 2017.
62. (2) Despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016, those provisions continue to apply, in relation to an e
63. (3) To avoid doubt, despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016, audits may be continued in relation to
64. (4) In this section:
65. old return provisions means the following provisions of the old Act, as in force before their repeal by Schedule 2 to the Insolvency Law Reform Act 2016:
66. (a) subsection 438E(2);
67. (b) subsection 445J(2);
68. (c) subsection 539(1), to the extent to which it relates to a liquidator ceasing to act as liquidator.
69. 13 Section 1594
70. After “apply”, insert “on and after 1 September 2017”.
71. 14 Subsection 1596(1)
72. After “applies”, insert “on and after 1 September 2017”.
73. 15 Sections 1597, 1598 and 1599
74. After “applies”, insert “on and after 1 September 2017”.
75. 16 At the end of section 1601
76. Add “on and after 1 September 2017”.
77. 17 Section 1604
78. Omit “2017”, insert “2018”.
79. 18 Section 1606
80. After “apply”, insert “on and after 1 September 2017”.
81. 19 Section 1606
82. Omit “the commencement day”, substitute “that day”.
83. 20 Section 1612
84. After “apply”, insert “on and after 1 September 2017”.
85. 21 Section 1612
86. Omit “the commencement day”, substitute “that day”.
87. 22 Section 1613
88. After “applies”, insert “on and after 1 September 2017”.
89. 23 Section 1615
90. After “applies”, insert “on and after 1 September 2017”.
91. 24 Section 1615
92. Omit “the commencement day”, substitute “that day”.
93. 25 Subsection 1618(2)
94. After “apply”, insert “on and after 1 September 2017”.
95. 26 Subsection 1618(2)
96. Omit “the commencement day”, substitute “that day”.
97. 27 Subsection 1618(3)
98. After “applies”, insert “on and after 1 September 2017”.
99. 28 Subsection 1618(3)
100. Omit “the commencement day”, substitute “that day”.
101. 29 Subsection 1618(4)
102. After “applies”, insert “on and after 1 September 2017”.
103. 30 Subsection 1618(4)
104. Omit “the commencement day”, substitute “that day”.
105. 31 Subsection 1618(6)
106. After “applies”, insert “on and after 1 September 2017”.
107. 32 Subsection 1618(6)
108. Omit “the commencement day”, substitute “that day”.
109. 33 Subsection 1619(2)
110. After “apply”, insert “on and after 1 September 2017”.
111. 34 Subsection 1619(2)
112. Omit “the commencement day”, substitute “that day”.
113. 35 Subsection 1619(4)
114. After “applies”, insert “on and after 1 September 2017”.
115. 36 Subsection 1619(4)
116. Omit “the commencement day”, substitute “that day”.
117. 37 Section 1620
118. After “applies”, insert “on and after 1 September 2017”.
119. 38 Section 1620
120. Omit “the commencement day”, substitute “that day”.
121. 39 Section 1623
122. Repeal the section, substitute:
123. 1623 Transitional rules for controller returns
124. (1) Section 422A, as inserted by Schedule 2 to the Insolvency Law Reform Act 2016, applies in relation to a person if the person first began to be a controller
125. (2) Section 422A, as inserted by Schedule 2 to the Insolvency Law Reform Act 2016, also applies in relation to a person if the person first began to be the cont
126. (a) the first full year starting on or after 1 September 2017 that is an anniversary of when the person first began to be the controller of the property of a co
127. (b) each subsequent period of 12 months.
128. (3) Despite the repeal of subsections 432(1) and (1A) of the old Act by Schedule 2 to the Insolvency Law Reform Act 2016, those subsections continue to apply, i
129. (a) if the end of the 6-month period referred to in paragraph 432(1)(a) occurs before 1 March 2018—in relation to that period; and
130. (b) if the end of that period is not an anniversary of the administrator’s appointment—in relation to the subsequent 6-month period.
131. (4) To avoid doubt, despite the repeal of subsections 432(1) and (1A) of the old Act by Schedule 2 to the Insolvency Law Reform Act 2016, audits may be continue
132. 1623A Transitional rules for end of control returns
133. (1) Section 422B, as inserted by Schedule 2 to the Insolvency Law Reform Act 2016, applies in relation to a control of the property of a corporation that ends o
134. (2) Despite the repeal of subsections 432(1) and (1A) of the old Act by Schedule 2 to the Insolvency Law Reform Act 2016, those subsections continue to apply, i
135. 40 Subsection 1627(3)
136. After “apply”, insert “on and after 1 September 2017”.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Corporations Regulations 2001

Contents

Defined terms · 200

History · 1 version

Key facts

Connections

Contents