Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 2 - ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

PART 2-3 - DECISIONS ON APPLICATIONS  

Division 29 - What are the basic requirements for registration?  

SECTION 29-19   PRE-AMALGAMATION REQUIREMENTS  

29-19(1)    
If an application is made under section 23-1 to register an Aboriginal and Torres Strait Islander corporation (the amalgamated corporation ) to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (the amalgamating corporations ), the amalgamated corporation meets the pre-amalgamation requirements if the members of each of the amalgamating corporations have passed a special resolution:

(a)    authorising the applicant to apply for the registration of the amalgamated corporation to replace the amalgamating corporations; and

(b)    approving the proposed constitution provided to the Registrar under subsection 29-20(2) as the constitution to be the amalgamated corporation ' s constitution when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ; and

(c)    if the internal governance rules that would apply to the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 will include one or more replaceable rules - agreeing to those replaceable rules so applying; and

(d)    nominating, as persons who will become directors of the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the persons specified in the application as persons who will become directors on registration; and

(e)    if the application indicates that the amalgamated corporation is expected to be a small or medium corporation in respect of its first financial year - nominating, as a person who will become a contact person of the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the person specified in the application as a person who will become the contact person on registration; and

(f)    if the application indicates that the amalgamated corporation is expected to be a large corporation in respect of its first financial year - nominating, as a person who will become the amalgamated corporation ' s secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the person specified in the application as a person who will become the secretary on registration.

29-19(2)    
The document evidencing the agreement under paragraph (1)(c) must:

(a)    refer by section or subsection number (as appropriate) to the replaceable rules that will apply without modification to the amalgamated corporation when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ; and

(b)    set out the terms of the replaceable rules (if any) that are being modified or replaced by the proposed constitution.