Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS ACT 2001 - SECT 246F

Company must lodge documents and resolutions with ASIC

  (1)   A company must lodge with ASIC a notice in the prescribed form setting out particulars of any of the following:

  (a)   a division of shares in the company into classes if the shares were not previously so divided;

  (b)   a conversion of shares in a class of shares in the company into shares in another class.

Note:   A proprietary company may also have to notify certain particulars under Part   2C.2.

  (2)   The notice must be lodged within 14 days after the division or conversion.

  (3)   A public company must lodge with ASIC a copy of each document (including an agreement or consent) or resolution that:

  (a)   does any of the following:

  (i)   attaches rights to issued or unissued shares;

  (ii)   varies or cancels rights attaching to issued or unissued shares;

  (iii)   varies or cancels rights of members in a class of members of a company that does not have a share capital;

  (iv)   binds a class of members; and

  (b)   is not already lodged with ASIC.

This also applies to a proprietary company that has applied under Part   2B.7 to change to a public company, while its application has not yet been determined .

Note:   This subsection also applies to a CCIV: see section   1227L.

  (3A)   An offence based on subsection   (1) or (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   The document must be lodged within 14 days after it is made. The resolution must be lodged within 14 days after it is passed.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback