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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 23.5

Matters to accompany application

  (1)   The following must accompany an application under section   23 - 1:

  (a)   evidence that, on registration, the amalgamated corporation will meet the creditor notice requirements referred to in section   29 - 18;

  (b)   evidence of the resolutions referred to in section   29 - 19;

  (c)   copies of the consents referred to in subsection   23 - 1(2);

  (d)   evidence that none of the amalgamating corporations is a Chapter   5 body corporate;

  (e)   evidence that no application to wind up an amalgamating corporation has been made to a court (in Australia or elsewhere) that has not been dealt with;

  (f)   evidence that no application to approve a compromise or arrangement between an amalgamating corporation and another person has been made to a court (in Australia or elsewhere) that has not been dealt with;

  (g)   any other documents that are prescribed.

Note:   Under the internal governance rules requirement (see section   29 - 20), a copy of the proposed constitution of a proposed corporation must also be provided to the Registrar before the time the Registrar makes a decision under section   26 - 1 in respect of the application.

  (2)   The evidence lodged in accordance with subsections   (1) must be satisfactory proof to the Registrar of the matters referred to in that subsection.

Note:   Section   376 - 5 requires documents that are not in English to be translated into English.


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