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18/06/14
19:25
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Just out of interest Plumbob, I googled "Responsible Entity's Duties" and it came up with this.
I started highlighting some areas for debate, but then decided to let other members make there own decisions.
CORPORATIONS ACT 2001 - SECT 601FC
Duties of responsible entity
(1) In exercising its powers and carrying out its duties, the responsible entity of a registered scheme must:
(a) act honestly; and
(b) exercise the degree of care and diligence that a reasonable person would exercise if they were in the responsible entity 's position; and
(c) act in the best interests of the members and, if there is a conflict between the members ' interests and its own interests , give priority to the members ' interests ; and
(d) treat the members who hold interests of the same class equally and members who hold interests of different classes fairly; and
(e) not make use of information acquired through being the responsible entity in order to:
(i) gain an improper advantage for itself or another person ; or
(ii) cause detriment to the members of the scheme; and
(f) ensure that the scheme's constitution meets the requirements of sections 601GA and 601GB ; and
(g) ensure that the scheme's compliance plan meets the requirements of section 601HA ; and
(h) comply with the scheme's compliance plan; and
(i) ensure that scheme property is:
(i) clearly identified as scheme property ; and
(ii) held separately from property of the responsible entity and property of any other scheme; and
(j) ensure that the scheme property is valued at regular intervals appropriate to the nature of the property ; and
(k) ensure that all payments out of the scheme property are made in accordance with the scheme's constitution and this Act ; and
(l) report to ASIC any breach of this Act that:
(i) relates to the scheme; and
(ii) has had, or is likely to have , a materially adverse effect on the interests of members ;
as soon as practicable after it becomes aware of the breach; and
(m) carry out or comply with any other duty, not inconsistent with this Act , that is conferred on the responsible entity by the scheme's constitution .
(2) The responsible entity holds scheme property on trust for scheme members .
Note: Under subsection 601FB(2) , the responsible entity may appoint an agent to hold scheme property separately from other property .
(3) A duty of the responsible entity under subsection (1) or (2) overrides any conflicting duty an officer or employee of the responsible entity has under Part 2D.1.
(5) A responsible entity who contravenes subsection (1), and any person who is involved in a responsible entity 's contravention of that subsection, contravenes this subsection.
Note 1: Section 79 defines involved .
Note 2: Subsection (5) is a civil penalty provision (see section 1317E).