Company Law Review Act 1998 (61 of 1998)

Schedule 2   Consequential amendment of the Corporations Law

Part 1   Registering a company (new Chapter 2A) Basic features of a company (new Chapter 2B) Members' rights and remedies (new Chapter 2F)

94   Section 242

Repeal the section, substitute:

242 Notice of name and address of directors and secretaries to ASC

New directors or secretaries

(1) A company must lodge with the ASC a notice of the personal details of a director or secretary within 14 days after they are appointed. The notice must be in the prescribed form.

Note: If a person becomes a director under subsection 120(1) there is no appointment and no notice is required under this subsection.

Personal details

(2) The personal details of a director or secretary are:

(a) their given and family names; and

(b) all of their former given and family names; and

(c) their date and place of birth; and

(d) their address.

Note: For address see section 242AA.

Changes in details

(3) The company must lodge with the ASC notice of any change in the personal details of a director or secretary within 14 days after the change. The notice must be in the prescribed form.

Notice required if person stops being a director or secretary

(4) If a person stops being a director or secretary of the company, the company must lodge with the ASC notice of the fact within 14 days. The notice must be in the prescribed form.

242AA Address for officers

Address is normally residential address

(1) A person's address for the purposes of a notice or application under subsection 143(2), 242(1) or 242(3) or section 117 or 601BC must be their usual residential address unless they are entitled to have an alternative address substituted for their usual residential address under subsection (2).

Entitlement to have alternative address

(2) The person is entitled to have an alternative address substituted for their usual residential address if:

(a) their name, but not their residential address, is on an electoral roll under the Commonwealth Electoral Act 1918 because of section 104 of that Act; or

(b) their name is not on an electoral roll under that Act and the ASC determines, in writing, that including their residential address in the notice or application would put at risk their personal safety or the personal safety of members of their family.

This alternative address must be in Australia and be one at which documents can be served on the person. At any particular time, a person is entitled to have only 1 alternative address under this section.

Note: See subsection 109X(2) on the status of the alternative address as an address for service.

(3) A person who takes advantage of subsection (2) must:

(a) before or at the same time as the alternative address is first included in a notice or application, lodge with the ASC notice of the person's usual residential address; and

(b) lodge with the ASC notice of any change in the person's usual residential address within 14 days after the change.

A notice under this subsection must be in the prescribed form.

(4) If a court gives a judgment for payment of a sum of money against a person who is taking advantage of subsection (2), the ASC may give details of the person's usual residential address to an officer of the court for the purposes of enforcing the judgment debt.