Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 120

120. (1) Subject to this Act, where the Commission is satisfied that an
application has been made in accordance with section 118, it shall:

   (a)  register the company by registering:

        (i)    in any case-the application; and

        (ii)   unless the company is registered as a company limited by shares
               and as a proprietary company-the company's memorandum and
               articles (if any); and

   (b)  allot to the company a registration number distinct from the
        registration number of each body corporate (other than the company)
        already registered under this Part or Part 4.1.

(2) Subject to subsection 372 (3), the Commission shall not register a company
under this Division by a particular name unless that name is reserved under
section 373 in respect of the company.

(3) Where an application under section 118:

   (a)  is not accompanied by the proposed company's memorandum; and

   (b)  purports to comply with subsection 118 (3); the Commission may, unless
        it has reason to suspect to the contrary, assume without inquiry that:

   (c)  the application does so comply; and

   (d)  the persons who signed the application are the subscribers to the
        memorandum.