THE CORPORATIONS LAW

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES

PART 5B.2 - REGISTRABLE BODIES

Division 2 - Foreign companies

SECTION 601CE   APPLICATION FOR REGISTRATION  

601CE    Subject to section 102A and this Part, where a foreign company lodges an application for registration under this Division that is in the prescribed form and is accompanied by:

(a)  a certified copy of a current certificate of its incorporation or registration in its place of origin, or a document of similar effect;

(b)  a certified copy of its constitution;

(c)  a list of its directors containing personal details of those directors that are equivalent to the personal details of directors referred to in subsection 205B(3);

(d)  if that list includes directors who are:

(i) resident in Australia; and

(ii) members of a local board of directors;

a memorandum that is duly executed by or on behalf of the foreign company and states the powers of those directors;

(e)  in relation to each existing charge on property of the foreign company that would be a registrable charge within the meaning of Chapter 2K if the foreign company were a registered foreign company, the documents that subsection 263(3) requires to be lodged;

(f)  notice of the address of:

(i) if it has in its place of origin a registered office for the purposes of a law there in force - that office; or

(ii) otherwise - its principal place of business in its place of origin; and

(g)  notice of the address of its registered office under section 601CT;

the Commission shall:

(h)  grant the application and register the foreign company under this Division by entering the foreign company's name in a register kept for the purposes of this Division and of each corresponding law; and

(j)  allot to the foreign company an ARBN distinct from the ARBN or ACN of each body corporate (other than the foreign company) already registered as a company or registered body under the Corporations Law of any jurisdiction.