THE CORPORATIONS LAW

CCH Note: Part 13 of the Corporations Act 1989, inserted by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as follows:

PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82
The Corporations Law is as follows:...

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.3 - PARTICIPANTS IN THE FUTURES INDUSTRY

Division 1 - Futures brokers and futures advisers

SECTION 1145 GRANT OF LICENCE TO BODY CORPORATE

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1145(1) [Application by body corporate]

This section applies where a body corporate applies for a licence.

View history note

1145(2) [Conditions for grant of licence]

The Commission shall grant the licence if:

(a) the application was made in accordance with section 1144;

(c) the applicant is not an externally-administered body corporate;

(d) if the application is for a futures brokers licence - the applicant is a member of a futures organisation;

(e) the Commission is satisfied that the educational qualifications and experience of each responsible officer of the applicant are adequate having regard to the duties that the officer would perform in connection with the holding of the licence; and

(f) the Commission has no reason to believe that the applicant will not perform efficiently, honestly and fairly the duties of a holder of a licence of the kind applied for.

View history note

1145(3) [Refusal unless conditions met]

Otherwise, the Commission shall refuse the application.

1145(4) [Commission to have regard to certain matters]

In determining whether or not it has reason to believe as mentioned in paragraph (2)(f), the Commission shall have regard, in relation to each responsible officer of the applicant, to:

(a) whether or not the officer is an insolvent under administration;

(b) any conviction of the officer, during the 10 years ending on the day of the application, of serious fraud;

(c) any reason the Commission has to believe that the officer is not of good fame and character; and

(d) any reason the Commission has to believe that the officer will not perform efficiently, honestly and fairly the duties that the officer would perform in connection with the holding of the licence.

1145(5) (Omitted by No 110 of 1990, Sch 1 (effective 18 December 1990).)

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