Commonwealth Consolidated Acts

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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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