Corporations Act. Australia
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Название: Corporations Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392086429
isbn:
(a) instead of words that this Act requires to be part of a company’s name or to be included in a document or on a company’s common seal; and
(b) instead of words that are part of a company’s name; and
(c) with or without full stops.
Acceptable abbreviations
[operative table]
Word
Abbreviation
1
Company
Co or Coy
2
Proprietary
Pty
3
Limited
Ltd
4
No Liability
NL
5
Australian
Aust
6
Number
No
7
and
&
8
Australian Company Number
ACN
9
Australian Business Number
ABN
(2) If a company’s name includes any of these abbreviations, the word corresponding to the abbreviation may be used instead.
150 Exception to requirement for using “Limited” in name
Name
(1) A company is not required to have the word “Limited” at the end of its name if:
(a) the company is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act (charity); and
(b) the company’s constitution:
(i) prohibits the company paying fees to its directors; and
(ii) requires the directors to approve all other payments the company makes to directors.
(2) A company that, in accordance with subsection (1), does not have “Limited” at the end of its name must notify ASIC as soon as practicable if:
(a) the company ceases to be registered as mentioned in paragraph (1)(a); or
(b) any of the prohibitions or requirements mentioned in paragraph (1)(b) are not complied with or the company’s constitution is modified to remove any of those prohibitions or requirements.
(3) An offence based on subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) Paragraph 157(1)(a) (company must pass special resolution to change name) does not apply to a change of the name of a company to omit the word “Limited” in accordance with this section.
Name may be stated without “Limited”
(5) If a company:
(a) has the word “Limited” at the end of its name; but
(b) under subsection (1), is not required to do so;
the word “Limited” may be omitted anywhere that the name of the company is required to be used (including on the company’s common seal).
151 Exception to requirement for using “Limited” in name — pre‑existing licences
(1) A licence that:
(a) allowed a company to omit “Limited” from its name; and
(b) was in force immediately before 1 July 1998; and
(c) was in force immediately before the commencement of this section;
continues in force subject to subsection (3).
(2) The company must notify ASIC as soon as practicable if it:
(a) breaches a condition of the licence; or
(b) pursues objects or purposes that would have prevented it being granted the licence; or
(c) applies its profits or other income to promote objects or purposes that would have prevented it being granted the licence; or
(d) pays a dividend to its members; or
(e) modifies its constitution to allow it to do anything set out in paragraphs (a) to (d).
(2AA) If:
(a) a company holds a licence that is in force under this section; and
(b) either the licence or the company’s constitution requires a modification to the constitution to have previously been submitted to, and approved by:
(i) the Minister; or
(ii) another Minister of the Commonwealth, a State or a Territory; or
(iii) an officer, instrumentality or agency of the Commonwealth, a State or a Territory;
then the licence or constitution (as the case requires) is taken instead to require the company to notify ASIC as soon as practicable of the modification.
(2A) An offence based on subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) ASIC may revoke the company’s licence СКАЧАТЬ