Corporations Act. Australia

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СКАЧАТЬ (other than a director or secretary of a corporation participating in the joint venture) who:

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

      (ii) has the capacity to affect significantly the financial standing of the joint venture.

      serious fraud means an offence involving fraud or dishonesty, being an offence:

      (a) against an Australian law or any other law; and

      (b) punishable by imprisonment for life or for a period, or maximum period, of at least 3 months.

      sheriff includes a person charged with the execution of a writ or other process.

      small company limited by guarantee has the meaning given by section 45B.

      small proprietary company has the meaning given by subsection 45A(2).

      solvency resolution means a resolution by the directors of a company as to whether or not, in their opinion, there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.

      solvent has the meaning given by subsection 95A(1).

      special resolution means:

      (a) in relation to a company, a resolution:

      (i) of which notice as set out in paragraph 249L(1)(c) has been given; and

      (ii) that has been passed by at least 75 % of the votes cast by members entitled to vote on the resolution; or

      (b) in relation to a registered scheme, a resolution:

      (i) of which notice as set out in paragraph 252J(c) has been given; and

      (ii) that has been passed by at least 75 % of the votes cast by members entitled to vote on the resolution.

      spouse of a person includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901.

      staff member, in relation to ASIC, means a person who is a staff member for the purposes of the ASIC Act.

      standard opening hours means 10 am to 12 noon and 2 pm to 4 pm each business day.

      State, when used in a geographical sense, includes the coastal sea of the State.

      State Fair Trading Act means the following Acts for each State and Territory:

      State Fair Trading Acts

      State or Territory

      Act

      1

      New South Wales

      Fair Trading Act 1987

      2

      Victoria

      Fair Trading Act 1999

      3

      Queensland

      Fair Trading Act 1989

      4

      South Australia

      Fair Trading Act 1987

      5

      Western Australia

      Fair Trading Act 1987

      6

      Tasmania

      Fair Trading Act 1990

      7

      Northern Territory

      Consumer Affairs and Fair Trading Act 1990

      8

      Australian Capital Territory

      Fair Trading Act 1992

      State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 applies because of a Proclamation made under subsection 41(2) of that Act.

      statement, in Chapter 7, includes matter that is not written but conveys a message.

      State or Territory court means a court of a State, the Capital Territory or the Northern Territory.

      State or Territory Supreme Court means the Supreme Court of:

      (a) a State; or

      (b) the Capital Territory; or

      (c) the Northern Territory.

      statutory demand means:

      (a) a document that is, or purports to be, a demand served under section 459E; or

      (b) such a document as varied by an order under subsection 459H(4).

      statutory minimum means:

      (a) if an amount greater than $2,000 is prescribed — the prescribed amount; or

      (b) otherwise—$2,000.

      subsection 1337B(3) proceeding means a proceeding with respect to a matter referred to in subsection 1337B(3).

      subsidiary, in relation to a body corporate, means a body corporate that is a subsidiary of the first‑mentioned body by virtue of Division 6.

      substantial holding: A person has a substantial holding in a body corporate, or listed registered managed investment scheme, if:

      (a) the total votes attached to voting shares in the body, or voting interests in the scheme, in which they or their associates:

      (i) have relevant interests; and

      (ii) would have a relevant interest but for subsection 609(6) (market traded options) or 609(7) (conditional agreements);

      is 5 % or more of the total number of votes attached to voting shares in the body, or interests in the scheme; or

      (b) the person has made a takeover bid for voting shares in the body, or voting interests in the scheme, СКАЧАТЬ