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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 161
Legal capacity
161. (1) A company has, both within and outside Australia, the legal capacity
of a natural person and, without limiting the generality of the foregoing,
has, both within and outside Australia, power:
(a) to issue and allot fully or partly paid shares in the company;
(b) to issue debentures of the company;
(c) to distribute any of the property of the company among the members, in
kind or otherwise;
(d) to give security by charging uncalled capital;
(e) to grant a floating charge on property of the company;
(f) to procure the company to be registered or recognised as a body
corporate in any place outside Australia; and
(g) to do any other act that it is authorised to do by any other law
(including a law of a foreign country).
(2) Subsection (1) has effect in relation to a company:
(a) subject to this Act (other than subsection 162 (1) );
(b) in a case where the company's constitution contains an express or
implied restriction on, or an express or implied prohibition of, the
exercise by the company of any of its powers-despite any such
restriction or prohibition;
(c) in a case where the memorandum of the company contains a provision
stating the objects of the company-despite that fact; and
(d) despite subsection 162 (1).
(3) The fact that the doing of an act by a company would not be, or is not, in
its best interests does not affect its legal capacity to do the act.
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