Corporations Act 2001

CHAPTER 2N - UPDATING ASIC INFORMATION ABOUT COMPANIES, REGISTERED SCHEMES AND NOTIFIED FOREIGN PASSPORT FUNDS  

PART 2N.1 - REVIEW DATE  

SECTION 345A   MEANING OF REVIEW DATE  

345A(1)    
The review date for a company is:

(a)    either:

(i) if the company became registered as a company after the commencement of this Act - the anniversary of the company ' s registration as a company under this Act; or

(ii) otherwise - the date of the company ' s incorporation or registration as a company, as recorded in a register maintained by ASIC under section 1274 ; or

(b)    if a choice of a different date has effect under section 345C - that different date.

345A(1A)    
If:

(a)    a company was incorporated as a company or became registered as a company before the commencement of this Act; and

(b)    there is no date of incorporation of the company as a company or registration of the company as a company recorded in a register maintained by ASIC under section 1274 ; and

(c)    paragraph (1)(b) does not apply to the company;

the review date for the company is the date determined by ASIC and notified to the company.

345A(1B)    
If, apart from this subsection, the review date for a company would be February 29, the review date for the company is February 28.

345A(2)    
The review date for a registered scheme is:

(a)    the anniversary of the scheme ' s registration as a registered scheme; or

(b)    if a choice of a different date has effect under section 345C - that different date.

345A(3)    
The review date for a notified foreign passport fund is:

(a)    the anniversary of the day on which the fund first became a notified foreign passport fund; or

(b)    if a choice of a different date has effect under section 345C - that different date.

SECTION 345B   COMPANY, RESPONSIBLE ENTITY OR OPERATOR MAY CHANGE REVIEW DATE  

345B(1)    
With ASIC ' s approval, a company may choose as its review date a date that is different from the anniversary of its registration.

345B(2)    
With ASIC ' s approval, the responsible entity of a registered scheme may choose as the review date for the scheme a date that is different from the anniversary of its registration.

345B(2A)    
With ASIC ' s approval, the operator of a notified foreign passport fund may choose as the review date for the fund a date that is different from the anniversary of the day on which the fund first became a notified foreign passport fund.

345B(3)    
If ASIC approves the choice, ASIC must notify the company, responsible entity or operator in writing.

SECTION 345C  

345C   WHEN CHOICE HAS EFFECT  

If ASIC notifies the company, responsible entity or operator of its approval under section 345B , the choice has effect:

(a)    

if the different date occurs before the next review date for the company, scheme or fund - at the time that ASIC notifies its approval; or

(b)    

otherwise - immediately after the next review date for the company, scheme or fund.