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 29-15   PRE-INCORPORATION REQUIREMENT  

29-15(1)    
An Aboriginal and Torres Strait Islander corporation meets the pre-incorporation requirement if 75 % of the persons listed in the application for registration as persons who consent to become members of the corporation on registration have:

(a)    authorised the applicant to apply for the incorporation of the Aboriginal and Torres Strait Islander corporation; and

(b)    approved the proposed constitution provided to the Registrar under subsection 29-20(2) as the constitution of the corporation; and

(c)    if the internal governance rules that would apply to the corporation will include one or more replaceable rules - agreed to those replaceable rules so applying; and

(d)    nominated, as persons who will become directors of the corporation, the persons specified in the application as persons who will become directors on registration; and

(e)    if the application indicates that the corporation is expected to be a small or medium corporation in respect of the corporation ' s first financial year - nominated, as a person who will become a contact person of the corporation, the person specified in the application as a person who will become contact person on registration; and

(f)    if the application indicates that the corporation is expected to be a large corporation in respect of the corporation ' s first financial year - nominated, as a person who will become the corporation ' s secretary, the person specified in the application as a person who will become the corporation ' s secretary on registration.

29-15(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 corporation; and

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