Corporations (Aboriginal and Torres Strait Islander) Act 2006
A body corporate in relation to which an application is made under section 22-1 meets the pre-transfer of registration requirement if: (a) the members have by a resolution that has been passed at a meeting by at least 75 % of the votes cast by members entitled to vote on the resolution:
(i) authorised the applicant to apply for the registration of the body as an Aboriginal and Torres Strait Islander corporation; and
(ii) approved the proposed constitution provided to the Registrar under subsection 29-20(2) as the constitution to be adopted by the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ; and
(iii) if the internal governance rules that would apply to the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 will include one or more replaceable rules - agreed to those replaceable rules so applying; and
(iv) nominated, as persons who will become directors of the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the persons specified in the application as persons who will become directors on registration; and
(v) if the application indicates that the body is expected to be a small or medium corporation in respect of its first financial year - nominated, as a person who will become the contact person when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the person specified in the application as a person who will become the contact person on registration; and
(b) the members were given at least 21 days notice of the meeting and the proposed resolution.
(vi) if the application indicates that the body is expected to be a large corporation in respect of its first financial year - nominated, as a person who will become the secretary when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 , the person specified in the application as a person who will become the secretary on registration; and
29-17(2)
The document evidencing the agreement under subparagraph (1)(a)(iii) must: (a) refer by section or subsection number (as appropriate) to the replaceable rules that will apply without modification to the body when it becomes registered as an Aboriginal and Torres Strait Islander corporation under Part 2-3 ; and (b) set out the terms of the replaceable rules (if any) that are being modified or replaced by the proposed constitution.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
