Corporations Act 2001

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES  

PART 5B.2 - REGISTRABLE BODIES  

Division 2 - Foreign companies  

SECTION 601CK   BALANCE-SHEETS AND OTHER DOCUMENTS  

601CK(1)    
Subject to this section, a registered foreign company must, at least once in every calendar year and at intervals of not more than 15 months, lodge a copy of its balance-sheet made up to the end of its last financial year, a copy of its cash flow statement for its last financial year and a copy of its profit and loss statement for its last financial year, in such form and containing such particulars and including copies of such documents as the company is required to prepare by the law for the time being applicable to that company in its place of origin, together with a statement in writing in the prescribed form verifying that the copies are true copies of the documents so required.

601CK(2)    
ASIC may extend the period within which subsection (1) requires a balance-sheet, profit and loss statement, cash flow statement or other document to be lodged.

601CK(3)    
ASIC may, if it is of the opinion that the balance-sheet, the profit and loss statement and the other documents referred to in subsection (1) do not sufficiently disclose the company's financial position:

(a)    require the company to lodge a balance-sheet; or

(b)    require the company to lodge an audited balance-sheet; or

(ba)    require the company to lodge a cash flow statement; or

(bb)    require the company to lodge an audited cash flow statement; or

(c)    require the company to lodge a profit and loss statement; or

(d)    require the company to lodge an audited profit and loss statement;

within such period, in such form, containing such particulars and including such documents as ASIC by notice in writing to the company requires, but this subsection does not authorise ASIC to require a balance-sheet or a profit and loss statement to contain any particulars or include any documents that would not be required to be given if the company were a public company within the meaning of this Act.

601CK(4)    
The registered foreign company must comply with the requirements set out in the notice.

601CK(5)    
Where a registered foreign company is not required by the law of the place of its incorporation or formation to prepare a balance-sheet, the company must prepare and lodge a balance-sheet, or, if ASIC so requires, an audited balance-sheet, within such period, in such form and containing such particulars and including such documents as the company would have been required to prepare if the company were a public company incorporated under this Act.

601CK(5A)    
If a registered foreign company is not required by the law of the place of its incorporation or formation to prepare a cash flow statement, the company must prepare and lodge a cash flow statement, or, if ASIC so requires, an audited cash flow statement, within the period, in the form, containing the particulars and including the documents that the company would have been required to prepare if the company were a public company registered under this Act.

601CK(6)    
Where a registered foreign company is not required by the law of its place of origin to prepare a profit and loss statement, the company must prepare and lodge a profit and loss statement or, if ASIC so requires, an audited profit and loss statement, within such period, in such form, containing such particulars and including such documents as the company would have been required to prepare if the company were a public company incorporated under this Act.

601CK(7)    
ASIC may, by Gazette notice, declare that this section does not apply to specified foreign companies.

601CK(8)    
Subsections (1) to (6) , inclusive, do not apply in relation to a foreign company in relation to which a notice is in force under subsection (7) .

601CK(9)    
A registered foreign company in relation to which a notice is in force under subsection (7) must, at least once in every calendar year, lodge with ASIC a return in the prescribed form made up to the date of its annual general meeting.

601CK(10)    
The return must be lodged within 1 month after the date to which it is made up, or within such further period as ASIC, in special circumstances, allows.