Corporations Act 2001
[ CCH Note: Ch 2N heading will be amended by No 69 of 2020, s 3, Sch 1 [ 633], by omitting " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
View history note
Hide history note[ CCH Note: S 348C heading will be amended by No 69 of 2020, s 3, Sch 1[665], by inserting " THE REGISTRAR OR " before " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
ASIC may include, in a return of particulars for a company, a requirement that the company comply with subsection (2) or subsection (3) . The company may choose which subsection to comply with.
Note: This section does not apply to CCIVs: see subsection 1232U(2) .
[ CCH Note: S 348C(1) will be amended by No 69 of 2020, s 3, Sch 1[666], by inserting " The Registrar or " before " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
348C(2)
The company complies with this subsection if: (a) before the company lodges a response to the return of particulars, the directors of the company pass a solvency resolution; and (b) the response to the return of particulars states whether the resolution passed was a positive solvency resolution or a negative solvency resolution.
348C(3)
The company complies with this subsection if the response to the return of particulars states the date on which the directors passed a positive solvency resolution under section 347A in respect of the company ' s most recent review date.
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