Corporations Act. Australia
Чтение книги онлайн.
Читать онлайн книгу Corporations Act - Australia страница 48
Название: Corporations Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392086429
isbn:
(2) Paragraph (1)(a) does not apply to a condition that a person give to another person particular information that relates to the matter that is the subject of the member approval.
Example: Paragraph 218(1)(b).
(3) The provision mentioned in paragraph (1)(a) has effect, in relation to the body corporate, as if it, instead of providing for the conditions mentioned in that paragraph, provided for the conditions mentioned in paragraph (1)(b).
111N Notices
Notice of change of address
(1) For the purposes of subsection 142(3), the body corporate is treated as having lodged with ASIC on a day a notice that the address of its registered office has changed to a new address, if, on that day, the body corporate notifies the Commissioner of the ACNC, in accordance with the Australian Charities and Not‑for‑profits Commission Act 2012, that the body corporate’s address for service has changed to that new address.
(2) The Commissioner must give a copy of the notice to ASIC.
Notice of change of name — registered Australian bodies and registered foreign companies
(3) For the purpose of subsection 601DH(2), the body corporate is treated as having given ASIC on a day written notice of a change to its name if, on that day, the body corporate gives the Commissioner of the ACNC, in accordance with the Australian Charities and Not‑for‑profits Commission Act 2012, notice of the change.
(4) The Commissioner must give a copy of the notice to ASIC.
111P Annual general meetings
(1) An order made under section 250PAA applies to a requirement in the governance standards (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012) for the holding of an annual general meeting in the same way as the order applies to the requirement in section 250N.
(2) An exemption under section 250PAB applies to a provision of the governance standards (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012) that requires the holding of an annual general meeting in the same way as the exemption applies to section 250N.
111Q Presumptions to be made in recovery proceedings
(1) Paragraph 588E(4)(a) and subsection 588E(5) apply to the body corporate as if the references in those provisions to subsection 286(1) were references to subsections 55‑5(1) to (3) of the Australian Charities and Not‑for‑profits Commission Act 2012.
(2) Paragraph 588E(4)(b) and subsection 588E(6) apply to the body corporate as if the references in those provisions to subsection 286(2) were references to subsections 55‑5(4) and (5) of the Australian Charities and Not‑for‑profits Commission Act 2012.
Chapter 2A — Registering a company
Part 2A.1 — What companies can be registered
112 Types of companies
Types of companies
(1) The following types of companies can be registered under this Act:
Proprietary companies
Limited by shares
Unlimited with share capital
Public companies
Limited by shares
Limited by guarantee
Unlimited with share capital
No liability company
Note: Other types of companies that were previously allowed continue to exist under the Part 10.1 transitionals.
No liability companies
(2) A company may be registered as a no liability company only if:
(a) the company has a share capital; and
(b) the company’s constitution states that its sole objects are mining purposes; and
(c) the company has no contractual right under its constitution to recover calls made on its shares from a shareholder who fails to pay them.
Note 1: Section 9 defines mining purposes and minerals.
Note 2: Special provisions on no liability companies are found in the provisions referred to in the following table:
No liability company provisions item topic provisions
1
names
148, 156, 162
2
terms of issue of shares
254B
3
liability on partly‑paid shares
254M
4
calls
254P‑254R
5
winding up
477‑478, 483, 514
6
registering a body as a company
601BA
7
transitional the Part 10.1 transitionals
(3) A no liability company must not engage in activities that are outside its mining purposes objects.
(4) The directors of a no liability company must not:
(a) let the whole or proportion of a mine or claim on tribute; or
(b) make any contract for working any land on tribute;
unless:
(c) the letting or contract is approved by a special resolution; or
(d) no such letting or contract has been made within the period СКАЧАТЬ