Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 146

146. (1) Subject to this Act, where the Commission is satisfied that:

   (a)  an application has been made in accordance with section 144;

   (b)  the close corporation is not in default in respect of any of its
        obligations under the Close Corporations Act 1989; and

   (c)  subsection 142 (4) does not disentitle the close corporation from
        being registered under this Division; the Commission shall:

   (d)  register the close corporation as a company by registering:

        (i)    in any case-the application; and

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

   (e)  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) The Commission shall not register a close corporation under this Division
by a particular name unless that name is reserved under section 374 in respect
of the close corporation.

(3) Where an application under section 144:

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

   (b)  purports to comply with subsection 144 (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.

(4) Where a body corporate is registered under this Division, the body ceases
to be registered under the Close Corporations Act 1989, but the Commission may
keep any or all of the documents that were lodged or registered under that Act
and relate to the body.