Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 171

171. (1) The memorandum of a company may be altered to the extent, and in the
manner, provided by this Act but not otherwise.

(2) Subject to any other provision of this Act requiring a resolution of a
company, an order of the Court, or any other document, affecting the
memorandum of a company to be lodged, the company shall, within 14 days after
the passing of any such resolution, the making of any such order or the
execution of any such document, lodge a copy of the resolution, an office copy
of the order or a copy of the document, as the case may be.

(3) Subsection (2) does not apply in relation to a Table A proprietary company
in relation to a resolution, order or document unless it affects the company's
memorandum in relation to the company's name, share capital, or status as a
proprietary company.

(4) On being required by the Commission to do so, a Table A proprietary
company shall lodge a printed copy of its memorandum, even if the memorandum
has not been altered.

(5) Where an alteration or alterations in the memorandum of a company has or
have been made, the company shall, on being required by the Commission to do
so, lodge a printed copy of the memorandum as altered by the alteration or
alterations.

(6) In subsection (5):

"alteration", in relation to a company's memorandum, includes, in the case of
a Division 2 or 3 company, an alteration made before the company's
registration day.

(7) The Commission shall register a resolution, order or other document lodged
under this Act that affects the memorandum of a company.

(8) Subject to this Act, where a resolution of a company, an order of the
Court, or any other document, affects a company's memorandum, the alteration
of the memorandum to which the resolution, order or document relates shall
take effect:

   (a)  if this Act requires the resolution, order or document to be
        lodged-on, and not before, the resolution, order or document is
        registered under subsection (7); or

   (b)  otherwise-on the day on which the resolution is passed, the order is
        made or the document is executed, as the case may be, or on such later
        day as the resolution, order or document specifies.

(9) Where a resolution, order or other document has been registered by the
Commission under subsection (7), the Commission shall:

   (a)  in the case of an order-certify the registration of the order; and

   (b)  in the case of a resolution or other document-if so requested by the
        company, certify the registration of the resolution or document.

(10) A certificate of the Commission as to the registration of an order is
conclusive evidence that all the requirements of this Act with respect to the
alteration to which the order relates and any confirmation of that alteration
have been complied with.

(11) Notice of the registration shall be published in such manner (if any) as
the Court or the Commission directs.

(12) The Commission shall, where appropriate, issue a certificate of
registration of the company in accordance with the alteration made to the
memorandum.

(13) The Commission shall keep a copy of a certificate issued under subsection
(12), and subsections 1274 (2) and (5) apply to that copy as if it were a
document lodged with the Commission.