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CORPORATIONS ACT 2001

CHAPTER 2M - FINANCIAL REPORTS AND AUDIT  

PART 2M.3 - FINANCIAL REPORTING  

Division 4 - Annual financial reporting to members  

SECTION 315  DEADLINE FOR REPORTING TO MEMBERS  

315(1)  Public companies and disclosing entities that are not registered schemes.  


A public company, or a disclosing entity that is not a registered scheme, must report to members under section 314 by the earlier of:


(a) 21 days before the next AGM after the end of the financial year; or


(b) 4 months after the end of the financial year.

Note: For the deadline for holding an AGM, see section 250N.

315(2)  Small proprietary companies (shareholder direction under section 293).  


If a shareholder direction is given to a small proprietary company under section 293 after the end of the financial year, the company must report to members under section 314 by the later of:


(a) 2 months after the date on which the direction is given; and


(b) 4 months after the end of the financial year.

315(3)  Registered schemes.  


A registered scheme must report to members under section 314 within 3 months after the end of the financial year.

315(4)  Other proprietary companies.  


A proprietary company that is not covered by subsection (1) or (2) must report to members under section 314 within 4 months after the end of the financial year.

315(5)  [Entities reporting under s 314(1AA)]  

 View history reference

For the purposes of this section, a company, registered scheme or disclosing entity that reports in accordance with subsection 314(1AA) is taken to report at the time that the company, scheme or entity has fully complied with the requirements of that subsection.

[CCH Note: Act No 101 of 2007, Sch 1, Pt 6[233] contained the following application provision (which was effective 28 June 2007):

Application of items 34, 35, 38 to 41 and 169
(1) The amendments made by items 34, 35, 38 to 41 and 169 of this Schedule apply to a report for a financial year that ends on or after the day on which those items commence.
(2) A company, registered scheme or disclosing entity must notify each member of the company, scheme or entity for the purposes of subsection 314(1AB) of the Corporations Act 2001 (as inserted by item 38 of this Schedule) after that item commences.
(3) However, subitem (2) of this item does not apply in respect of a member of a company, registered scheme or disclosing entity if the member has previously requested, under section 316 of the Corporations Act 2001, the company, scheme or entity not to send him or her the material required by section 314 of that Act.
]

 



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