Section 1228E — Corporations Act 2001: Members’ resolutions

(1) Subsection 252L(1B) applies in relation to a CCIV as if: (a) the requirement in paragraph 252L(1B)(c) that the registered scheme be listed did not apply; and (b) the resolution is subject to a further requirement that it must not treat members of any sub-fund of the CCIV differently from members of any other sub-fund of the CCIV. Note: The effect of paragraph (1)(a) is that subsection 252L(1B) will apply to all CCIVs, including a CCIV that is a listed company. (2) Subsection 252L(1B) applies in relation to one or more sub-funds of a CCIV as if: (a) paragraph 252L(1B)(c) did not apply; and (b) the resolution is subject to a further requirement that it must not affect the interests of any member of any other sub-fund of the CCIV. Note: A CCIV that is a listed company has only one sub-fund, see section 1222N.