Corporations Act 2001

CHAPTER 2B - BASIC FEATURES OF A COMPANY  

PART 2B.5 - REGISTERED OFFICE AND PLACES OF BUSINESS  

SECTION 142   REGISTERED OFFICE  

142(1)    
A company must have a registered office in this jurisdiction. Communications and notices to the company may be addressed to its registered office.

Note 1: A document may be served on a company by leaving it at, or posting it to, the company ' s registered office (see subsection 109X(1) ).

Note 2: Communications and notices from ASIC may also be addressed to the company ' s contact address (see section 146A ).

142(2)    

A company must lodge notice of a change of address of its registered office with ASIC not later than 28 days after the date on which the change occurs. The notice must be in the prescribed form.

Note: If the company is not to be the occupier of premises at the address of its new registered office, the notice must state that the occupier has consented to the address being specified in the notice and has not withdrawn that consent (see section 100 ).

142(2A)    

An offence based on subsection (1) or (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

142(3)    
A notice of change of address takes effect from the later of:

(a)    the seventh day after the notice was lodged; or

(b)    a later day specified in the notice as the date from which the change is to take effect.

SECTION 143   ASIC MAY CHANGE ADDRESS OF REGISTERED OFFICE TO A DIRECTOR ' S ADDRESS  

143(1)    
A company that does not occupy the premises at the address of its registered office must be able to show to ASIC the occupier ' s written consent to the company ' s use of those premises as its registered office.

Note: ASIC can require the company to produce the consent (see section 100 ).

143(1A)    

An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

143(2)    
If ASIC becomes aware that the occupier of those premises:

(a) has not consented to the use of the premises as the address of the company ' s registered office; or

(b) has withdrawn the consent;

ASIC may give written notice to a director of the company who resides in this jurisdiction that ASIC intends to change the address of the company ' s registered office to the director ' s address.

143(3)    

If ASIC is not notified of the address of the company ' s proposed new registered office under subsection 142(2) within 28 days after the notice under subsection (2) is sent, ASIC may change the address of the company ' s registered office to the director ' s address.

SECTION 144   COMPANY'S NAME MUST BE DISPLAYED AT REGISTERED OFFICE ETC.  

144(1)   [ Display name]  

A company must display its name prominently at every place at which the company carries on business and that is open to the public.

144(2)   [ Public company]  

A public company must also display its name and the words ``Registered Office'' prominently at its registered office.

144(3)   [ Strict liability offence]  

An offence based on subsection (1) or (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

SECTION 145   OPENING HOURS OF REGISTERED OFFICE OF PUBLIC COMPANY  

145(1)    
The registered office of a public company must be open to the public:

(a)    each business day from at least 10 am to 12 noon and from at least 2 pm to 4 pm; or

(b)    at least 3 hours chosen by the company between 9 am and 5 pm each business day.

145(2)    
If the company chooses its own opening hours, the hours must be specified:

(a)    if the company is to have its own opening hours from its registration - in the application for registration of the company under section 117 (normal registration process) or the notice lodged under section 5H (registration of body as company on basis of State or Territory law); or

(b)    if the company changes its opening hours after its registration - in the most recent notice of change of opening hours lodged with ASIC under subsection (3) .

145(3)   
The company must lodge notice of a change in the opening hours of its registered office with ASIC before the day on which a change occurs. The notice must be in the prescribed form.

145(4)    

An offence based on subsection (1) or (3) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

SECTION 146   CHANGE OF ADDRESS OF PRINCIPAL PLACE OF BUSINESS  

146(1)    

A company must lodge with ASIC notice of a change of the address of its principal place of business not later than 28 days after the date on which the change occurs. The notice must be in the prescribed form.

146(2)    

An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

SECTION 146A   CONTACT ADDRESS  

146A(1)    
A company may have a contact address (whether or not in this jurisdiction). Communications and notices from ASIC to the company may be addressed to its contact address.

146A(2)    
If a company is to have a contact address, the company must lodge notice of the address in the prescribed form.