Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 98

Transfer days for bodies corporate
98. (1) The Minister may, by notice published in the Gazette, declare as the
transfer day for specified bodies corporate a specified day that is     a
least 2 months after the latest of the following:

   (a)  the day on which the notice is so published;

   (b)  if the bodies are or include companies of a State or Territory the day
        of commencement of Division 2 of Part 2.2;

   (c)  if the bodies are or include registrable Australian corporations the
        day of commencement of Division 1 of Part 4.1;

   (d)  if the bodies are or include foreign companies-the day of commencement
        of Division 2 of Part 4.1.

(2) The Commission may by writing declare a specified day as the transfer day
for specified bodies corporate to which a declaration in force under
subsection (1) relates.

(3) A declaration that is in force under subsection (1) or (2) and specifies
bodies corporate by reference to their being of a particular kind or in a
particular class relates to a body of that kind or in that class even if the
body did not exist when the declaration was made.

(4) The transfer day for a body corporate is:

   (a)  if only one declaration relating to the body is in force under
        subsection (1)-the day specified in that declaration; or

   (b)  if 2 or more such declarations are in force-the earliest day specified
        in any of those declarations; or, if a later day is specified in a
        declaration, or in each of 2 or more declarations, relating to the
        body and in force under subsection (2), that later day, or the later
        or latest day specified in any of the last-mentioned declarations, as
        the case may be.

(5) As soon as practicable after a notice relating to, or to bodies including:

   (a)  companies of a particular State or Territory;

   (b)  registrable Australian corporations incorporated in a particular State
        or Territory; or

   (c)  bodies corporate that the notice specifies by reference to their
        carrying on business in, or being foreign companies registered under
        the foreign companies law of, a particular State or Territory; is
        published under subsection (1), the Commission shall cause to be
        published in a daily newspaper circulating generally in that State or
        Territory a notice that sets out a copy of the first-mentioned notice
        and explains:

   (d)  the effect, in relation to those companies, of section 126;

   (e)  the effect, in relation to those corporations, of section 340; or

   (f)  the effect, in relation to such foreign companies, of section 343; as
        the case may be. 


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