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POOLED DEVELOPMENT FUNDS ACT 1992 - SECT 17

A PDF's approved investment plan

  (1)   A resolution declaring a company to be registered as a PDF must specify a document that sets out the investment plan in relation to which the Board is satisfied as mentioned in paragraph   14(1)(c).

  (2)   For the purposes of this Act, a PDF's approved investment plan is:

  (a)   the investment plan set out in the document that the PDF's registration declaration specifies under subsection   (1); or

  (b)   if that plan has been varied under this section on one or more occasions, that plan as so varied.

  (3)   A PDF may, by writing, request the Board to approve a specified variation of the PDF's approved investment plan.

  (4)   A variation of a plan may take the form of revoking the plan and replacing it with another plan.

  (5)   A request must state why the PDF wants the variation.

  (6)   If the Board is satisfied that a requested variation is appropriate, having regard to:

  (a)   the object of this Act; and

  (b)   the requirements of this Act relating to the making and holding of investments by PDFs;

the Board must grant the request and approve the variation.

  (7)   If the Board approves a variation of a PDF's approved investment plan, that plan is varied accordingly on the giving of the approval.

  (8)   If the Board is not satisfied as mentioned in subsection   (6) in relation to a request, the Board must refuse the request.

  (9)   The Board must give a PDF that has made a request written notice of its decision on the request as soon as practicable after the decision is made.

  (10)   If the Board's decision is to refuse a request, the notice must also include a statement of the Board's reasons for its decision.

  (11)   A failure to comply with subsection   (9) or (10) in relation to a decision does not affect the validity of the decision.



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