What happens if neither of the bodies gives a retirement notice
(1)
If neither of the bodies gives a retirement
notice during the first year after the commencement, the management company
must:
(a)
as soon as
practicable after the end of that year, convene a meeting of the holders of
the prescribed interests to:
(i)
choose
a proposed responsible entity for the purpose of making a registration
application; or
(ii)
decide that the undertaking is to be wound up; and
(b)
lodge a notice
with ASIC setting out the outcome of the meeting.
Note 1: For the powers of the
proposed responsible entity, see section 1460.
Note 2: For the procedure at the meeting, see section 1460.
(1A)
A resolution passed under subparagraph
(1)(a)(i) may direct the proposed responsible entity to lodge with the
registration application a compliance plan that provides for scheme property
to be held by a person other than the responsible entity, or a person that is
not related to the responsible entity, as the responsible entity's
agent.
(2)
If, at the meeting, the holders of the prescribed interests do
not either choose a proposed responsible entity or decide that the undertaking
is to be wound up, the management company may apply to the Court for an order
directing it to wind up the scheme.