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CORPORATIONS ACT 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.1A - INTERACTION BETWEEN CORPORATIONS LEGISLATION AND STATE AND TERRITORY LAWS  

SECTION 5H  REGISTRATION OF BODY AS COMPANY ON BASIS OF STATE OR TERRITORY LAW  

5H(1)  [When body taken to be registered under Act]  


A body is taken to be registered under this Act as a company of a particular type under section 118 if a law of a State or Territory in this jurisdiction:


(a) provides that the body is a deemed registration company for the purposes of this section; and


(b) specifies:


(i) the day on which the body is to be taken to be registered (the registration day) or the manner in which that day is to be fixed; and

(ii) the type of company the body is to be registered as under this Act;

(iii) the company's proposed name (unless the ACN is to be used in its name);

and subsections (2) and (3) are satisfied.

5H(2)  [Requirements for notice]  


A notice setting out the following details must be lodged before the registration day:


(a) the name and address of each person who is to be a member on registration;


(b) the present given and family name, all former given and family names and the date and place of birth of each person who is to be a director on registration;


(c) the present given and family name, all former given and family names and the date and place of birth of each person who consents in writing to become a company secretary;


(d) the address of each person who is to be a director or company secretary on registration;


(e) the address of the company's proposed registered office;


(f) for a public company - the proposed opening hours of its registered office (if they are not the standard opening hours);


(g) the address of the company's proposed principal place of business (if it is not the address of the proposed registered office);


(h) for a company limited by shares or an unlimited company - the following:


(i) the number and class of shares each member agrees in writing to take up;

(ii) the amount (if any) each member agrees in writing to pay for each share;

(iii) if that amount is not to be paid in full on registration - the amount (if any) each member agrees in writing to be unpaid on each share;


(i) for a public company that is limited by shares or is an unlimited company, if shares will be issued for non-cash consideration - the prescribed particulars about the issue of the shares, unless the shares will be issued under a written contract and a copy of the contract is lodged with the application;


(j) for a company limited by guarantee - the proposed amount of the guarantee that each member agrees to in writing.

5H(3)  [Requirement to lodge copy of public company's constitution]  


If the company:


(a) is to be a public company; and


(b) is to have a constitution on registration;

a copy of the constitution must be lodged before the registration day.

5H(4)  [Registration day]  


On the registration day, the body is taken:


(a) to be registered as a company under this Act; and


(b) to be registered in the State or Territory referred to in subsection (1).

5H(5)  [Regulations may modify operation of Act]  


The regulations may modify the operation of this Act to facilitate the registration of the company.

5H(6)  [Matters which may be prescribed]  


Without limiting subsection (5), the regulations may make provision in relation to:


(a) the share capital of the company on registration; and


(b) the issue of a certificate of registration on the basis of the company's registration.

 



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