A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

CORPORATIONS ACT 2001

CHAPTER 2H - SHARES  

PART 2H.6 - NOTICE REQUIREMENTS  

SECTION 254X  NOTICE TO ASIC OF SHARE ISSUE  

254X(1)  [Notice requirements]  

 View history reference

Within 28 days after issuing shares, a company must lodge with ASIC a notice in the prescribed form that sets out:


(a) the number of shares that were issued; and


(b) if the company has different classes of shares - the class to which each of those shares belongs; and


(c) the amount (if any) paid, or agreed to be considered as paid, on each of those shares; and


(d) the amount unpaid (if any) on each of those shares; and


(e) if the company is a public company and the shares were issued for non-cash consideration - the prescribed particulars about the issue of the shares, unless the shares were issued under a written contract and a copy of the contract is lodged with the notice.

Note 1: The company must lodge information when rights attached to the shares change, or when the shares are divided or converted into new classes (see section 246F).

Note 2: A proprietary company may also have to notify certain particulars under Part 2C.2.

254X(2)  [Non-cash consideration]  


If the shares were issued for non-cash consideration under a contract, the company must also lodge with ASIC a certificate stating that all stamp duty payable on the contract under any applicable law relating to stamp duty has been paid. This certificate must be lodged with the subsection (1) notice or at a later time permitted by the regulations or by ASIC.

254X(2A)  [Strict liability offence]  

 View history reference

An offence based on subsection (1) or (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

254X(3)  [Registration or change of type]  


The company does not have to lodge a subsection (1) notice about the issue of shares to a person on the registration of the company or on the company changing its type from a company limited by guarantee to a company limited by shares.

Note: Information about shares issued in these situations will come to ASIC under subsections 5H(2), 117(2), 163(3) and 601BC(2).


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page