Corporations Act. Australia
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Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

СКАЧАТЬ affairs include (without limitation):

      (a) the partnership’s promotion, formation, membership, control, examinable operations and examinable assets and liabilities; and

      (b) the partnership’s management and proceedings; and

      (c) any act done (including any contract made and any transaction entered into) by or on behalf of the partnership, or to or in relation to the partnership, at a time when the partnership is being wound up; and

      (d) matters concerned with ascertaining the corporations with which the partnership is or has been connected.

      53AD Business affairs of a trust

      A trust’s business affairs include (without limitation):

      (a) the creation of the trust; and

      (b) matters arising under, or otherwise relating to, the terms of the trust; and

      (c) the appointment and removal of a trustee of the trust; and

      (d) the business, trading, transactions and dealings of the trustee of the trust; and

      (e) the profits, income and receipts of the trustee of the trust; and

      (f) the losses, outgoings and expenditure of the trustee of the trust; and

      (g) the trust property, including transactions and dealings in, and the income arising from, the trust property; and

      (h) the liabilities of the trustee of the trust; and

      (j) the management of the trust; and

      (k) any act done (including any contract made and any transaction entered into) by or on behalf of the trustee of the trust, or to or in relation to the trust, at a time when the trust is being wound up; and

      (l) matters concerned with ascertaining the corporations with which the trust is or has been connected.

      57 Classes of shares or interests in managed investment schemes

      (1) The shares in a body corporate, if not divided into 2 or more classes, constitute a class.

      (2) If the interests in a managed investment scheme to which an undertaking relates are not divided into 2 or more classes, they constitute a class.

      57A Meaning of corporation

      (1) Subject to this section, in this Act, corporation includes:

      (a) a company; and

      (b) any body corporate (whether incorporated in this jurisdiction or elsewhere); and

      (c) an unincorporated body that under the law of its place of origin, may sue or be sued, or may hold property in the name of its secretary or of an office holder of the body duly appointed for that purpose.

      (2) Neither of the following is a corporation:

      (a) an exempt public authority;

      (b) a corporation sole.

      (3) To avoid doubt, an Aboriginal and Torres Strait Islander corporation is taken to be a corporation for the purposes of this Act.

      Note: Various provisions of this Act that generally apply to corporations do not apply to Aboriginal and Torres Strait Islander corporations because of express provisions to that effect: see section 190B, subsection 197(5), section 206HB and subsections 1309(6), 1318(5), 1321(2) and 1335(3).

      58AA Meaning of court and Court

      (1) Subject to subsection (2), in this Act:

      court means any court.

      Court means any of the following courts:

      (a) the Federal Court;

      (b) the Supreme Court of a State or Territory;

      (c) the Family Court of Australia;

      (d) a court to which section 41 of the Family Law Act 1975 applies because of a Proclamation made under subsection 41(2) of that Act.

      (2) Except where there is a clear expression of a contrary intention (for example, by use of the expression “the Court”), proceedings in relation to a matter under this Act may, subject to Part 9.6A, be brought in any court.

      Note: The matters dealt with in Part 9.6A include the applicability of limits on the jurisdictional competence of courts.

      58B Discharge of obligations under this Act

      (2) Subject to subsection (3), an act required to be done under this Act may, for the purposes of this Act, be done anywhere in Australia, whether in or outside this jurisdiction.

      (3) Nothing in subsection (2) affects the operation of any provision of this Act that:

      (a) expressly requires a particular act to be done in this jurisdiction; or

      (b) expressly or by implication permits a particular act to be done outside Australia.

      59 Debentures as consideration for acquisition of shares

      A reference to a body corporate that offers debentures as consideration for the acquisition of shares in a body corporate includes a reference to a body corporate that offers a cash sum as consideration for the acquisition of shares where it is to be a term of the contract for the acquisition of those shares that the offeree makes, or that the sum is applied in whole or in part in making, a payment by way of deposit with, or loan to, the body corporate that offers the sum.

      60 Declaration of relevant relationships

      Administrator

      (1) In this Act, a declaration of relevant relationships, in relation to an administrator of a company under administration, means a written declaration:

      (a) stating whether any of the following:

      (i) the administrator;

      (ii) if the administrator’s firm (if any) is a partnership — a partner in that partnership;

      (iii) if the administrator’s firm (if any) is a body corporate — that body corporate or an associate of that body corporate;

      has, or has had within the preceding 24 months, a relationship with:

      (iv) the company; or

      (v) an associate of the company; or

      (vi) a former liquidator, or former provisional liquidator, of the company; or

      (vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company’s property СКАЧАТЬ