Notice of significant events
35-1 Notice of significant events
Registered trustee must lodge notice
A registered trustee must lodge with the Inspector‑General a notice, in the approved form, if any of the following events occur:
the trustee becomes an insolvent under administration;
a bankruptcy notice is issued under this Act in relation to the trustee as debtor, or a corresponding notice is issued in relation to the trustee as debtor under a law of an external Territory or a law of a foreign country;
the trustee is convicted of an offence involving fraud or dishonesty;
the trustee is disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001, or under a law of an external Territory or a law of a foreign country;
the trustee ceases to have:
adequate and appropriate professional indemnity insurance; or
adequate and appropriate fidelity insurance;
against the liabilities that the trustee may incur working as a registered trustee;
the trustee is issued with a notice under section 40‑40 of Schedule 2 to the Corporations Act 2001 (a show‑cause notice) in relation to the trustee’s registration as a liquidator under that Act;
the trustee’s registration as a liquidator under the Corporations Act 2001 is suspended or cancelled;
any other event prescribed.
The notice must be lodged within 5 business days after the registered trustee could reasonably be expected to be aware that the event has occurred.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person intentionally or recklessly fails to comply with the requirement.
Penalty: 100 penalty units.
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