Corporations Act 2001
A proprietary company must notify ASIC within the time determined under section 178D and in the prescribed form, if: (a) it is required to add or alter a particular in the register it maintains under section 169 ; and (b) the particular is one required to be kept under any of the following:
(i) subsection 169(1) (name and address and date of entry of member ' s name into register);
(ii) paragraph 169(3)(b) (number of shares in each allotment to the member);
(iii) paragraph 169(3)(c) (the number of shares held by the member);
(iv) paragraph 169(3)(d) (the class of shares held by the member);
(v) paragraph 169(3)(ea) (the amount paid on the member ' s shares);
(vi) paragraph 169(3)(eb) (whether the member ' s shares are fully paid);
(vii) paragraph 169(3)(f) (the amount unpaid, if any, on the member ' s shares);
(viii) subsection 169(5A) (statement whether any of the member ' s shares are held beneficially);
(ix) subsection 169(6AA) (shares issued as a result of CSF offers).
[ CCH Note: S 178A(1) will be amended by No 69 of 2020, s 3, Sch 1[504] - [ 506], by substituting " the Registrar " for " ASIC " , omitting " and in the prescribed form, " and inserting " The notification must meet any requirements of the data standards. " at the end of the subsection, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
178A(2)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
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