Corporations Act. Australia
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Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

СКАЧАТЬ of title property); and

      (b) if so, stating the administrator’s reasons for believing that none of the relevant relationships result in the administrator having a conflict of interest or duty.

      Liquidator

      (2) In this Act, a declaration of relevant relationships, in relation to a liquidator of a company, means a written declaration:

      (a) stating whether any of the following:

      (i) the liquidator;

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

      (iii) if the liquidator’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 former administrator of the company; or

      (viii) a former administrator of a deed of company arrangement executed by the company; and

      (b) if so, stating the liquidator’s reasons for believing that none of the relevant relationships result in the liquidator having a conflict of interest or duty.

      64 Entering into a transaction in relation to shares or securities

      A reference in Chapter 6 to entering into a transaction in relation to shares or securities includes a reference to:

      (a) entering into, or becoming a party to, a relevant agreement in relation to the shares or securities; and

      (b) exercising an option to have the shares or securities allotted.

      64A Entities

      Except in Chapter 2E, a reference to an entity:

      (a) is a reference to a natural person, a body corporate (other than an exempt public authority), a partnership or a trust; and

      (b) includes, in the case of a trust, a reference to the trustee of the trust.

      64B Entities connected with a corporation

      Body corporate

      (1) A body corporate is connected with a corporation if, and only if, the corporation:

      (a) can control, or influence materially, the body’s activities or internal affairs; or

      (b) is a member of the body; or

      (c) is in a position to cast, or to control the casting of, a vote at a general meeting of the body; or

      (d) has power to dispose of, or to exercise control over the disposal of, a share in the body; or

      (e) is financially interested in the body’s success or failure or apparent success or failure; or

      (f) is owed a debt by the body; or

      (g) is engaged by the body under a contract for services; or

      (h) acts as agent for the body in any transaction or dealing.

      Natural person

      (2) A natural person is connected with a corporation if, and only if, the corporation:

      (a) is a trustee of a trust under which the person is capable of benefiting; or

      (b) is engaged by the person under a contract for services; or

      (c) acts as agent for the person in any transaction or dealing; or

      (d) is an attorney of the person under a power of attorney; or

      (e) has appointed the person as the corporation’s attorney under a power of attorney; or

      (f) is given financial, business or legal advice by the person in the performance of the functions attaching to the person’s professional capacity.

      Partnership

      (3) A partnership is connected with a corporation if, and only if, the corporation:

      (a) is a partner in the partnership; or

      (b) can control, or influence materially, the partnership’s activities or internal affairs; or

      (c) is financially interested in the partnership’s success or failure or apparent success or failure; or

      (d) is a creditor of the partnership; or

      (e) is engaged by the partnership under a contract for services; or

      (f) acts as agent for the partnership in any transaction or dealing.

      Trust

      (4) A trust is connected with a corporation if, and only if, the corporation:

      (a) is the settlor, or one of the settlors, of the trust; or

      (b) has power under the terms of the trust to appoint or remove a trustee of the trust or to vary, or cause to be varied, any of the terms of the trust; or

      (c) is a trustee of the trust; or

      (d) can control, or influence materially, the activities of the trust; or

      (e) is capable of benefiting under the trust; or

      (f) is a creditor of the trustee of the trust; or

      (g) is engaged by the trustee of the trust under a contract for services; or

      (h) acts as agent for the trustee of the trust in any transaction or dealing.

      65 Eligible money market dealer

      ASIC may declare a body corporate to be an authorised dealer in the short term money market by notice published in the Gazette.

      66A Exempt bodies

      A body corporate is an exempt body of a State or Territory if, and only if, it:

      (a) is not a company; and

      (b) is incorporated by or under a law of the State or Territory.

      70 Extension of period for doing an act

      Where this Act confers power to extend the period for doing an act, an application for the exercise of the power may be made, and the power may be exercised, even if the period, or the period as last extended, as the case requires, has ended.

      73A СКАЧАТЬ