Managed investment scheme | Practical Law

Managed investment scheme | Practical Law

Managed investment scheme

Managed investment scheme

Practical Law ANZ Glossary w-003-2660 (Approx. 3 pages)

Glossary

Managed investment scheme

For the purposes of the Corporations Act 2001 (Cth) (CA 2001), each of the following is a managed investment scheme provided that it is not specifically excluded from the definition of managed investment scheme:
  • A scheme that has the following features:
    • people contribute money or money's worth as consideration to acquire rights (interests) to benefits produced by the scheme (whether the rights are actual, prospective or contingent and whether they are enforceable or not);
    • any of the contributions are to be pooled, or used in a common enterprise, to produce financial benefits, or benefits consisting of rights or interests in property, for the people (the members) who hold interests in the scheme (whether as contributors to the scheme or as people who have acquired interests from holders); and
    • The members do not have day-to-day control over the operation of the scheme (whether or not they have the right to be consulted or to give directions).
  • A notified foreign passport fund pursuant to section 1213E of the CA 2001.
(Section 9, CA 2001.)
Section 9 of the CA 2001, the Corporations Regulations 2001 (Cth) (Corporations Regulations) and various legislative instruments specifically exclude certain schemes and arrangements from the definition of managed investment scheme in section 9 of the CA 2001 (see, for example, regulation 5C.11.01, Corporations Regulations).