Coronavirus (COVID-19) updates from the Australian Government

Corporate Collective Investment Vehicles - Regulations

1 day left to have your say
Date
-
Consultation Type
Draft Regulations

Key Documents

The Government has released for public consultation the following:

  • the Corporations and Other Legislation Amendment (Corporate Collective Investment Vehicle Framework) Regulations 2021 and associated Explanatory Statement
  • the Corporations and other Legislation Amendment (Corporate Collective Investment Vehicle Framework) Rules 2021 and associated Explanatory Statement.

Together, the draft regulations and rules implement key elements of the corporate collective investment vehicle (CCIV) regulatory framework, to support the operation of the Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021.

The draft regulations put in place arrangements in relation to the following key areas:

  • Requirements for financial reporting and record keeping.
  • Arrangements for voting in the context of cross‑investment.
  • Requirements for custody of CCIV assets, including where assets are held in an offshore jurisdiction or held in an omnibus account.
  • Restrictions on cross‑investment and consideration of other rules regarding the management of a CCIV’s share capital.

The draft regulations also include various consequential amendments to Chapter 7 of the Corporations Regulations 2001 to ensure that the short‑form PDS regime that is currently available for ‘simple managed investment schemes’ is also available to and works appropriately for CCIVs in comparable circumstances.

The draft rules include consequential amendments to the Corporations (Passport) Rules 2018 to facilitate the passporting of sub‑funds of a retail CCIV consistent with the regulatory framework for CCIVs.

Responding

You can submit responses to this consultation up until 21 January 2022. Interested parties are invited to comment on this consultation.

While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.

Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission.

View our submission guidelines for further information.

How To Respond

Email

CIVreform@treasury.gov.au

Post

Address written submissions to:

Director
Corporate Collective Investment Vehicles Unit
Market Conduct Division
Treasury
Langton Cres
Parkes ACT 2600

Enquiries

Email: CIVreform@treasury.gov.au