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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 136
Form and content of application
136. (1) An application by a foreign company under section 133 shall be in
writing in the prescribed form and shall be accompanied by:
(a) a certified copy of a current certificate of its incorporation in its
place of origin or a document of similar effect;
(b) evidence acceptable to the Commission that neither of sections 134 and
135 disentitles it from being registered under this Division;
(c) a certified printed copy of its constitution;
(d) if it is applying to be registered as a company having a share
capital-a statement specifying:
(i) its nominal share capital and the number and classes into which
the share capital is divided;
(ii) the number of shares taken up and the amount paid on each; and
(iii) subject to subsection (3), the full name, or the surname
together with at least one given name and any other initials,
and the address, of each shareholder and the number and class
of shares held by each;
(e) unless it is a registered foreign company-in relation to each existing
charge on its property that would be a registrable charge within the
meaning of Part 3.5 if it were a company, the documents that
subsection 263 (3) requires to be lodged; and
(f) such other documents and information (if any) as are prescribed or as
the Commission requires by written notice given to the foreign
company.
(2) Where a document is required by or under subsection (1) to be lodged and:
(a) the document has previously been lodged under Part 4.1; or
(b) the document has previously been lodged with a person under the
foreign companies law of a State or Territory and the Commission now
has the document; the Commission may dispense with the requirement.
(3) Subparagraph (1) (d) (iii) does not apply in relation to a foreign company
that has more than 500 members and satisfies the Commission that it will:
(a) keep its principal Australian register at a place within 25 kilometres
of an office of the Commission; and
(b) provide reasonable accommodation and facilities for persons to
inspect, and take copies of, its list of members and its particulars
of shares transferred.
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