Corporations Amendment Regulations 2004 (No. 9) (399 of 2004)
Schedule 1 Amendments commencing on gazettal
[3] After regulation 1.0.03
insert
1.0.03A Documents that must be in the prescribed form
A document mentioned in the table under a provision of the Act mentioned in the table must be in the prescribed form.
|
Item |
Document |
Provision of the Act |
|
1 |
Notice of appointment to administer a compromise or arrangement |
Subsection 415 (1) |
|
2 |
Notice that an order for the appointment of a receiver of property has been obtained or of the appointment of a receiver |
Paragraph 427 (1) (a) |
|
3 |
Notice of the appointment of a person to enter into possession or take control of the property of a corporation |
Paragraph 427 (1A) (a) |
|
4 |
Notice of entering into possession or taking control |
Paragraph 427 (1B) (a) |
|
5 |
Notice that the person has ceased to be a controller |
Paragraph 427 (4) (a) |
|
6 |
Written notice stating that a company is taken to have passed a resolution to wind up the company |
Paragraph 446A (5) (a) |
|
7 |
Notice of the appointment of an administrator |
Paragraph 450A (1) (a) |
|
8 |
Notice of failure to execute deed of company arrangement |
Paragraph 450C (a) |
|
9 |
Notice of termination of deed of company arrangement |
Paragraph 450D (a) |
|
10 |
Notice of filing of application to wind up a company |
Paragraph 470 (1) (a) |
|
11 |
Notice of making of order to wind up a company |
Paragraph 470 (1) (b) |
|
12 |
Notice of withdrawal or dismissal of application to wind up a company |
Paragraph 470 (1) (c) |
|
13 |
Return of the holding of a meeting with account attached |
Subsection 509 (3) or (4) |
|
14 |
Statement in writing verifying an account or statement |
Paragraph 539 (1) (a) or (b) |
|
15 |
Written notice disclaiming property |
Subsection 568A (1) |
|
16 |
Statement by a liquidator |
Subsection 1288 (3) or (5) |
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a) if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b) if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On 23 December 2004, forms for the documents mentioned in the table are not prescribed in these Regulations.
1.0.03B Documents that must be lodged with ASIC
A document mentioned in an item in the table for a provision mentioned in the item must be lodged:
(a) with ASIC; and
(b) if the document is mentioned for subsection 430 (1) of the Act - by a controller, within 7 days of the controller receiving a report under that subsection.
|
Item |
Document |
Provision of the Act |
|
1 |
Statement in writing in the prescribed form verifying a report about the affairs of a company |
Subsection 430 (1) or 475 (1) or (2) |
|
2 |
Report about the affairs of a company |
Subsection 430 (1) |
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a) if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b) if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On 23 December 2004, forms for the documents mentioned in item 1 of the table are not prescribed in these Regulations.
1.0.03C Documents that must be in a form approved by ASIC
A document mentioned in the table under a provision of the Act mentioned in the table must be in a form approved by ASIC (if a form has been approved).
|
Item |
Document |
Provision of the Act |
|
1 |
Statement about the company's business, property, affairs and financial circumstances |
Subsection 438B (2) |
|
2 |
Report about a company's business, property, affairs and financial circumstances |
Paragraph 439A (4) (a) |
|
3 |
Notice of termination of deed of company arrangement |
Paragraph 450D (b) |
Note The documents mentioned in the table are not required to be lodged with ASIC under the Act, and are not documents to which section 350 of the Act applies.