Corporations Act. Australia

Чтение книги онлайн.

СКАЧАТЬ in relation to a body corporate, means:

      (a) a bill of exchange, promissory note, cheque or other negotiable instrument; or

      (b) an indorsement on, or order in, a bill of exchange, promissory note, cheque or other negotiable instrument; or

      (c) a letter of credit;

      of, or purporting to be issued or signed by or on behalf of, the body.

      no liability company means a company that is registered as, or converts to, a no liability company under this Act.

      Note 1: A no liability company can be registered under section 118 or 601BD. A company can convert to a no liability company under Part 2B.7.

      Note 2: A no liability company must have solely mining purposes and have no contractual right to recover unpaid calls (see subsection 112(2)).

      non‑audit services provider for an auditor conducting an audit means a person who:

      (a) is not a professional member of the audit team conducting the audit of the audited body; and

      (b) is either:

      (i) if the auditor is an individual auditor — an employee of the individual auditor (or of an entity acting for, or on behalf of, the individual auditor); or

      (ii) if the auditor is an audit firm — a member of the audit firm or senior manager of the audit firm (or of an entity acting for, or on behalf of, the audit firm); or

      (iii) if the auditor is an audit company — a director of the audit company or a senior manager of the audit company (or of an entity acting for, or on behalf of, the audit company); and

      (c) provides, or has provided, services (other than services related to the conduct of an audit) to the audited body.

      non‑voting share, in relation to a body corporate, means an issued share in the body that is not a voting share in the body.

      notice includes a circular and an advertisement.

      of, in relation to financial products, means, in the case of interests in a managed investment scheme, made available by.

      offence means an offence against a law of the Commonwealth or a State or Territory.

      offence based on a particular provision of this Act means, unless a contrary intention appears:

      (a) if that provision creates an offence — an offence against that provision, or an offence against section 1314 that relates to that provision; or

      (b) if section 1311 creates an offence relating to that provision — an offence against section 1311 or 1314 that relates to that provision.

      offer information statement means an offer information statement that is lodged with ASIC.

      offer period for a takeover bid is the period for which offers under the bid remain open.

      officer of a corporation means:

      (a) a director or secretary of the corporation; or

      (b) a person:

      (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or

      (ii) who has the capacity to affect significantly the corporation’s financial standing; or

      (iii) in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person’s professional capacity or their business relationship with the directors or the corporation); or

      (c) a receiver, or receiver and manager, of the property of the corporation; or

      (d) an administrator of the corporation; or

      (e) an administrator of a deed of company arrangement executed by the corporation; or

      (f) a liquidator of the corporation; or

      (g) a trustee or other person administering a compromise or arrangement made between the corporation and someone else.

      Note: Section 201B contains rules about who is a director of a corporation.

      officer of an entity that is neither an individual nor a corporation means:

      (a) a partner in the partnership if the entity is a partnership; or

      (b) an office holder of the unincorporated association if the entity is an unincorporated association; or

      (c) a person:

      (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the entity; or

      (ii) who has the capacity to affect significantly the entity’s financial standing.

      officer of the Commonwealth has the same meaning as in paragraph 75(v) of the Constitution.

      official liquidator means a person registered as an official liquidator under section 1283.

      off‑market bid means a takeover bid made under Chapter 6 as an off‑market bid (see section 616).

      old Corporations Law, in relation to a State or Territory, has the same meaning as it has in Part 10.1.

      old Division 11 of Part 11.2 transitionals means the following:

      (a) the provisions of Division 11 of Part 11.2 of the old Corporations Law of each State or Territory in this jurisdiction, to the extent they continue to have effect because of section 1408 of this Act; and

      (b) if regulations for the purposes of subsection 1408(3) deal with a matter or matters dealt with in those provisions — the regulations that so deal with the matter or matters.

      old Division 12 of Part 11.2 transitionals means the following:

      (a) the provisions of Division 12 of Part 11.2 of the old Corporations Law of each State or Territory in this jurisdiction, to the extent they continue to have effect because of section 1408 of this Act; and

      (b) if regulations for the purposes of subsection 1408(3) deal with a matter or matters dealt with in those provisions — the regulations that so deal with the matter or matters.

      on, in relation to a financial market, includes at or by means of.

      on behalf of includes on the instructions of.

      on‑market: a transaction of any kind is an on‑market transaction if it is effected on a prescribed financial market and is:

      (a) an on‑market transaction as defined СКАЧАТЬ