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

5H(6)    
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.