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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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