Corporations Act. Australia
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Название: Corporations Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392086429
isbn:
[sections 601AA—601AB, 601AH]
Part 1.6 — Interaction with Australian Charities and Not‑for‑profits Commission Act 2012
111K Bodies corporate registered under the Australian Charities and Not‑for‑profits Commission Act 2012
This Part applies to a body corporate that:
(a) is registered under the Australian Charities and Not‑for‑profits Commission Act 2012; and
(b) is none of the following:
(i) a Commonwealth company for the purposes of the Commonwealth Authorities and Companies Act 1997;
(ii) a subsidiary of a Commonwealth company for the purposes of that Act;
(iii) a subsidiary of a Commonwealth authority for the purposes of that Act.
111L Provisions not applicable to the body corporate
(1) A provision of this Act mentioned in the following table does not apply to the body corporate, subject to any conditions prescribed by the regulations for the purposes of this subsection in relation to the provision:
Provisions of this Act that do not apply to bodies corporate registered under the ACNC Act
Item
Column 1
Provision(s)
Column 2
Topic
1
subsection 136(5)
Public company must lodge with ASIC a copy of a special resolution adopting, modifying or repealing its constitution
2
section 138
ASIC may direct company to lodge consolidated constitution
3
section 139
Company must send copy of constitution to member
4
subsection 142(2), section 146 and subsection 146A(2)
Company must notify ASIC of changes of address
5
(a) sections 180 to 183; and
(b) section 185, to the extent that it relates to sections 180 to 183
Duties of directors etc.
6
section 188, to the extent it relates to a provision mentioned in another item of this table
Responsibility of secretaries and directors for certain contraventions
7
sections 191 to 194
Interests of directors
8
(a) sections 201L and 205A to 205C; and
(b) section 205D, to the extent it relates to section 205B; and
(c) section 205E
Public information about directors etc.
9
(a) Part 2G.2 (other than sections 250PAA and 250PAB); and
(b) Part 2G.3, to the extent that it relates to meetings of the body corporate’s members
Meetings of members
10
(a) Parts 2M.1 and 2M.2; and
(b) Part 2M.3
Financial reports and audit
11
Chapter 2N
Updating ASIC information about companies and registered schemes
12
sections 601CDA, 601CK and 601CTA
Foreign companies
13
subsection 601CT(3), section 601CV and subsections 601DH(1) and (1A)
Registered body must notify ASIC of certain changes
(2) Regulations made for the purposes of subsection (1) may be indefinite or limited to a specified period.
Reporting by debenture issuers
(3) Item 10 of the table in subsection (1) does not apply in relation to a financial year if the body corporate was a borrower in relation to debentures at the end of the year.
Prescribed provisions
(4) A provision of this Act prescribed by the regulations for the purposes of this subsection does not apply to the body corporate.
(5) Regulations made for the purposes of subsection (4) may:
(a) be expressed to be subject to conditions; and
(b) be indefinite or limited to a specified period; and
(c) specify a provision even if the provision is mentioned in another section of this Part.
111M Member approval
(1) This section applies if:
(a) a provision of this Act provides that one or more conditions must be satisfied for there to be member approval (however described) in relation to the body corporate; and
Example: Division 3 of Part 2E.1.
(b) the governance standards (within the meaning of the Australian Charities and Not‑for‑profits СКАЧАТЬ