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CORPORATIONS ACT 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 8 - Miscellaneous interpretation rules  

SECTION 109X  SERVICE OF DOCUMENTS  

109X(1)  [Service]  


For the purposes of any law, a document may be served on a company by:


(a) leaving it at, or posting it to, the company's registered office; or


(b) delivering a copy of the document personally to a director of the company who resides in Australia or in an external Territory; or


(c) if a liquidator of the company has been appointed - leaving it at, or posting it to, the address of the liquidator's office in the most recent notice of that address lodged with ASIC; or


(d) if an administrator of the company has been appointed - leaving it at, or posting it to, the address of the administrator in the most recent notice of that address lodged with ASIC.

109X(2)  [Director or company secretary]  

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For the purposes of any law, a document may be served on a director or company secretary by leaving it at, or posting it to, the alternative address notified to ASIC under subsection 5H(2), 117(2), 205B(1) or (4) or 601BC(2). However, this only applies to service on the director or company secretary:


(a) in their capacity as a director or company secretary; or


(b) for the purposes of a proceeding in respect of conduct they engaged in as a director or company secretary.

109X(3)  [Service and Execution of Process Act]  


Subsections (1) and (2) do not apply to a process, order or document that may be served under section 9 of the Service and Execution of Process Act 1992.

[CCH Note: There are no subsections 109X(4) and 109X(5).]

109X(6)  [Service in a different way]  

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This section does not affect:


(a) any other provision of this Act, or any provision of another law, that permits; or


(b) the power of a court to authorise;

a document to be served in a different way.

109X(7)  [``serve'', ``give'', ``send'']  


This section applies to provisions of a law dealing with service whether it uses the expression ``serve'' or uses any other similar expression such as ``give'' or ``send''.

[CCH Note: The next section is s 111AA.]


 



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