Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 2 - ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

PART 2-2 - APPLICATIONS FOR REGISTRATION OF AN ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION  

Division 21 - Application for new registration of an Aboriginal and Torres Strait Islander corporation  

SECTION 21-1   APPLICATION FOR REGISTRATION  

21-1(1)    
An application by a person (the applicant ) for registration of an Aboriginal and Torres Strait Islander corporation must contain the following information:

(a)    the applicant ' s name and address;

(b)    the corporation ' s proposed name;

(c)    if the applicant is requesting an exemption from having to have at least 5 members - a request for the exemption specifying the proposed minimum number of members;

(d)    an indication of whether, for the corporation ' s first financial year, the corporation is expected to be a small, medium or large corporation;

(e)    if the corporation is expected to be a large corporation for the corporation ' s first financial year - the address of the proposed registered office;

(f)    if the corporation is expected to be a small or medium corporation for the corporation ' s first financial year - the address of the proposed document access address;

(g)    the names and addresses of each person who consents in writing to become a member of the corporation;

(h)    the director details of each person who consents in writing to become a director of the corporation;

(i)    if the corporation is expected to be a small or medium corporation in respect of the corporation ' s first financial year - the name and address of the person who consents in writing to be the contact person;

(j)    if the corporation is expected to be a large corporation in respect of the corporation ' s first financial year - the name and address of the person who consents in writing to be the corporation ' s secretary;

(k)    whether the people who are, or have been, members of the corporation are to be liable to contribute towards the payment of the debts and liabilities of the corporation and if so, the extent of the persons ' liabilities;

(l)    such other information that the Registrar specifies in writing in respect of the registration of the corporation;

(m)    such other information that is prescribed by the regulations as information that must be included in the application.

Note:

The address of the director, secretary or contact person that must be stated is usually the residential address. However, an alternative address may be stated in certain circumstances (see section 304-15 ).

21-1(2)    
The application must also:

(a)    identify the directors who are to hold office for only one year; and

(b)    if the application seeks registration of an Aboriginal and Torres Strait Islander corporation for the purpose of becoming a registered native title body corporate - indicate that purpose.

Director details

21-1(3)    
The director details of a person who consents to become a director are the following:

(a)    the person ' s given and family name;

(b)    all former given and family names of the person;

(d)    the person ' s address;

(e)    the person ' s date and place of birth (if known);

(ea)    

the person ' s director identification number, or the fact that the person does not have a director identification number;

(f)    a declaration in writing from the person stating that the person is eligible to be a director of an Aboriginal and Torres Strait Islander corporation.

21-1(4)    
A specification by the Registrar under paragraph (1)(l) is not a legislative instrument.