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 22 - Application to register existing body corporate under Part 2-3  

SECTION 22-1   APPLICATION FOR REGISTRATION  

22-1(1)    
A person (the applicant ) may apply to the Registrar for registration of an existing body corporate as an Aboriginal and Torres Strait Islander corporation under Part 2-3 .

22-1(2)    
The application must contain the following information:

(a)    the applicant ' s name and address;

(b)    the body ' s current name;

(c)    the body ' s ACN (if any);

(d)    if the body is a registered body (within the meaning of the Corporations Act) - its ARBN;

(e)    the law under which the body is currently incorporated;

(f)    the name proposed to be adopted by the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ;

(g)    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;

(h)    an indication of whether, for its first financial year, the body is expected to be a small, medium or large corporation;

(i)    if the body is expected to be a large corporation for its first financial year - the address of the proposed registered office;

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

(k)    the director details of each person who consents in writing to become a director of the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ;

(l)    if the body is expected to be a small or medium corporation for its first financial year - the name and address of the person who consents in writing to be the contact person;

(m)    if the body is expected to be a large corporation for its first financial year - the name and address of the person who consents in writing to be the secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ;

(n)    whether, once the body becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the people who are, or have been, its members are to be liable to contribute towards the payment of its debts and liabilities and, if so, the extent of their liabilities;

(o)    such other information that the Registrar specifies in writing in respect of the registration of the body as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ;

(p)    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 ).

22-1(3)    
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 the body as an Aboriginal and Torres Strait Islander corporation for the purpose of becoming a registered native title body corporate - indicate that purpose.

Director details

22-1(4)    
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;

(c)    the person ' s address;

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

(da)    

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

(e)    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.

22-1(5)    
A specification by the Registrar under paragraph (2)(o) is not a legislative instrument.

22-1(6)    
In this section:

ACN
has the same meaning as in the Corporations Act.

ARBN
has the same meaning as in the Corporations Act.