THE CORPORATIONS LAW

CHAPTER 2N - ANNUAL RETURNS AND LODGMENTS WITH ASIC

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PART 2N.1 - ANNUAL RETURNS

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SECTION 348   CONTENTS OF ANNUAL RETURN - COMPANIES  

348     A company's annual return must contain the information set out in the following table, current as at the date when the annual return is signed or authenticated. It must also contain any other information required by the regulations.

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Contents of annual return - companies         [operative table]
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 1  ACN
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 2  name
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 3  address of registered office
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 4  address of principal place of
    business
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 5  each director and company          * name and
    secretary                            address
                                       * date and place
                                         of birth.

                                       The address must be the
                                       person's usual residen-
                                       tial address. However, if
                                       the person is entitled to
                                       have an alternative
                                       address under subsection
                                       205D(2), the annual
                                       return may contain that
                                       address.
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 6  issued shares                      The classes into which the
                                       shares are divided and for
                                       each class of share issued:

                                        * the number and
                                          nominal value of shares
                                          in the class

                                        * the amount (if any)
                                          paid, taken to be paid or
                                          due and payable on each
                                          share in the class.
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 7  options granted                    The number of unissued
                                       shares in each class that
                                       are subject to options.
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8   all members (if company has        * the names and addresses
    20 or fewer members)                 of the members

    OR                                 If the company has a share
                                       capital:

    the top 20 members in each         * the total number of
    class (if company has more           shares in each class
    than 20 members)                     held by each of them

    The requirement to list the        * whether or not the
    top 20 members does not apply        shares are fully paid
    to a company limited only by
    guarantee.                         * unless the company is a
                                         listed corporation-whether
                                         or not the shares are
                                         beneficially owned.

                                     If 2 or more members in the
                                     top 20 members in a class of
                                     shares each hold the same
                                     number of shares, the
                                     company must include the
                                     details set out above for
                                     each of them.
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 9  company solvency                 Statement whether the 
    Not necessary if company         directors have resolved
    lodged a financial report        within the last month under
    with ASIC within last 12         section 346 that, in their
    months.                          opinion, there are
                                     reasonable grounds to 
                                     believe that the company
                                     will  be able to pay its
                                     debts as and when they
                                     become due and payable.
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10  ultimate holding company         * name

                                     either:

                                      * its ACN or ARBN if
                                        registered in Australia

                                     OR

                                     * the place at which it      
                                       was incorporated or formed 
                                       if not registered in       
                                       Australia.                 
                                                                  
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If the details referred to in items 3, 4, 5 and 6 change after the annual return is lodged, the company must notify ASIC of the change (see section 142 (registered office), section 146 (principal place of business), section 205B (director and company secretary) and section 254X (issued shares)).

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