Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 155

155. (1) Where:

   (a)  a company is registered under Division 1; and

   (b)  the statement that was lodged for the purposes of section 153 and
        relates to the company states as mentioned in subsection 153 (5); the
        company shall:

   (c)  if the statement states as mentioned in subsection 153 (2) and the
        company becomes dormant at its incorporation-within 14 days after the
        company first ceases to be dormant; or

   (d)  in any other case-within 35 days after the company's incorporation;
        lodge a statement that complies with this section.

(2) Where:

   (a)  a body corporate is registered as a company under Division 2, 3 or 4;
        and (b) the statement that was lodged for the purposes of section 154
        and relates to the body states as mentioned in subsection 154 (7); the
        body shall:

   (c)  if the statement states as mentioned in subsection 154 (4) and the
        body is dormant at the start of its registration day-within 14 days
        after the body first ceases to be dormant after the start of that day;
        or

   (d)  in any other case-within 35 days after the body's registration day;
        lodge a statement that complies with this section.

(3) The statement shall:

   (a)  be in writing in the prescribed form;

   (b)  be signed by at least 2 directors of the company or body; and

   (c)  specify the day on which it was so signed, or the first day on which
        it was signed by a director of the company or body, as the case
        requires, being a day not more than 7 days before the statement is
        lodged.

(4) The statement shall state whether or not the company or body intends that,
within 3 months after the specified day, trading activities within the meaning
of this Act will be the whole or a substantial part of the activities of the
company or body.

(5) If the company or body intends that, within 3 months after the specified
day, it will carry on as its sole or principal business the business of
banking (other than State banking not extending beyond the limits of the State
concerned), the statement shall state to that effect.

(6) Neither section 1314 of this Act nor section 4K of the Crimes Act 1914
applies in relation to this section.