Federal Register of Legislation - Australian Government

Primary content

ASIC Class Order [CO 98/1807]

Authoritative Version
CO 98/1807 Orders/ASIC Class Orders as made
This Class Order provides relief from the continuing application of the Corporations Law before 1 July 1998 where all issues have been excluded issues and all members have agreed that the managed investment scheme is not required to be registered under section 601ED of the Corporations Law or to continue to have an approved deed.
Administered by: Treasury
General Comments: This Class Order was originally made under paragraph 601QA(1)(b) of the Corporations Law and is continued in force under section 1399 of the Corporations Act 2001.
Registered 29 May 2007
Gazetted 03 Nov 1998
Date of repeal 15 Sep 2015
Repealed by ASIC Redundant Class Orders (Amendment and Repeal) Instrument 2015/826

Australian Securities and Investments Commission


Corporations Law Paragraph 601QA(1)(b) – Declaration

 

Pursuant to paragraph 601QA(1)(b) of the Corporations Law (the Law) the Australian Securities and Investments Commission hereby declares that the provisions of this Chapter within the meaning of that expression in section 601 QA of the Law apply to the management company and the trustee or representative of and the holders of prescribed interests in each of the undertakings in the class of undertakings referred to in the Schedule as if Division 11 (second appearing) of Part 11.2 of the Law were omitted.

 

 

SCHEDULE

 

An undertaking in relation to which:

 

(a)                all holders of prescribed interests were issued all their interests by excluded issue; and

 

(b)               none of the prescribed interests is held by a responsible entity of a registered scheme or its agent as scheme property, or held by a trustee or representative acting under an approved deed; and

 

(c)                all holders of prescribed interests have agreed in writing that the undertaking should not required to be registered as a registered managed investment scheme or continue to be subject to the Law as in force immediately before the commencement of Chapter 5C of the Law; and

 

(d)               the management company has lodged a notice stating that each of the matters described in paragraphs (a), (b) and (c) is satisfied with respect to the undertaking.

 

 

Dated this 2nd day of October 1998

 

 

 

Signed by Brendan Byrne

as delegate of the Australian Securities and Investments Commission