House of Representatives

Company Law Review Bill 1997

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)

4. Structure of the Law

The following table indicates where in the Corporations Law the new provision will be located after the Bill commences.

New Chapter Number Topic
Chapter 2A Registering a company
Chapter 2B Basic features of a company
Chapter 2C Registers (Existing Part 2.5)
Chapter 2D Directors (Existing Part 3.2)
Chapter 2E Financial benefits to related parties (Existing Part 3.2A)
Chapter 2F Members rights and remedies
Chapter 2G Meetings
Chapter 2H Shares
Chapter 2J Transactions affecting share capital
Chapter 2K Charges (Existing Part 3.5)
Chapter 2L Debentures (Reserved for Division 4 of Part 7.12)
Chapter 2M Financial reports and audit
Chapter 2N Annual returns and lodgments with the ASC
Chapter 5A Deregistration of companies

What will happen to existing Chapters 2, 3 and 4?

4.1 Chapter 2 will be repealed, apart from:

(a)
section 208 (new section 1096A)
(b)
section 213 (new section 1091C)
(c)
section 216A to 216K (new Chapter 2C)
(d)
Division 2 of Part 2.2, which will be moved to transitional provisions
(e)
Divisions 3 and 5 of Part 2.2, which will be moved to Chapter 5B
(f)
Divisions 4 and 4A of Part 2.2, which will be moved to Chapter 10.

4.2 Chapter 3 will be repealed, apart from:

(a)
Part 3.2 (new Chapter 2D)
(b)
Part 3.2A (new Chapter 2E)
(c)
Part 3.4 (moved to Part 2F.1)
(d)
Division 2 of Part 3.5 (new Chapter 2K)
(e)
Division 1 of Part 3.7 (moved to Part 2M.4).

4.3 Chapter 4 will be repealed, apart from Part 4.1 (new Chapter 5B).


View full documentView full documentBack to top