Commonwealth Numbered Acts

FINANCIAL CORPORATIONS ACT 1974 No. 36 of 1974 - SECT 9

PART II-REGISTRATION OF CORPORATIONS
9. (1) If, at the commencement of this Part, a corporation is a corporation to
which this Act applies, the corporation shall, before the expiration of the
period of 60 days after the date of commencement of this Part, furnish to the
Reserve Bank the documents mentioned in sub-section (6).

(2) Where, after the commencement of this Part, a corporation becomes a
corporation to which this Act applies, whether at the time of its
incorporation or at a later time and whether or not the corporation has
previously been a corporation to which this Act applies, the corporation
shall, before the expiration of the period of 60 days after the day on which
it becomes a corporation to which this Act applies, furnish to the Reserve
Bank the documents mentioned in sub-section (6).

(3) If a corporation to which sub-section (1) or (2) applies fails to furnish
to the Reserve Bank the documents referred to in that sub- section before the
expiration of the period so referred to, the corporation is guilty of a
separate offence on each day occurring after the expiration of that period and
before the corporation furnishes the documents and is punishable, on
conviction of such an offence in respect of a day, by a fine not exceeding
$5,000.

(4) The Reserve Bank may, before the expiration of the period referred to in
sub-section (1) or (2) (including any period that is deemed to be substituted
for that period by any other application or applications of this sub-section)
allow a longer period for the furnishing by a particular corporation of
documents in accordance with that sub-section and, in that case, the longer
period shall, for the purposes of the application of that sub-section in
relation to that corporation, be deemed to be substituted for the period
referred to in that sub-section.

(5) Neither sub-section (1) nor (2) applies to a corporation if, before the
expiration of the period referred to in that sub-section (including any period
that is deemed to be substituted for that period by any application or
applications of sub-section (4) in relation to that corporation), the
corporation ceases to be a corporation to which this Act applies.

(6) The documents referred to in sub-sections (1) and (2) are-

   (a)  a notice in writing setting out-

        (i)    the name, the place and date of incorporation and the address
               of the registered office of the corporation;

        (ii)   the name, and the address of the registered office, of every
               corporation that is related to the corporation;

        (iii)  particulars of the principal methods by which the corporation
               ordinarily borrows moneys; and

        (iv)   particulars of the principal kinds of finance ordinarily
               provided by the corporation;

   (b)  a copy of the last audited balance-sheet of the corporation; and

   (c)  if there is not such a balance-sheet as is mentioned in paragraph (b)
        or the balance-sheet so mentioned includes both assets and liabilities
        in Australia and assets and liabilities outside Australia but does not
        show the assets and liabilities in Australia separately from the
        assets and liabilities outside Australia-a statement showing the
        assets and liabilities in Australia of the corporation.

(7) If-

   (a)  a registered corporation changes its name or the address of its
        registered office;

   (b)  a change takes place in the principal methods by which a registered
        corporation ordinarily borrows moneys or in the principal kinds of
        finance ordinarily provided by a registered corporation;

   (c)  a corporation that is related to a registered corporation ceases to be
        so related; or

   (d)  a corporation becomes related to a registered corporation, the
        registered corporation shall, before the expiration of the period of
        60 days after the occurrence of the event concerned, notify the
        Reserve Bank in writing accordingly.

Penalty: $1,000.

(8) A corporation is not required by this section to furnish to the Reserve
Bank a notice or notification in relation to a matter if a notice or
notification in relation to that matter has already been furnished to the
Reserve Bank by another corporation.

(9) The Reserve Bank shall cause a Register of Corporations to be kept for the
purposes of this Act and shall-

   (a)  cause to be entered in the Register the name, the address of the
        registered office, and any other particulars that it considers
        appropriate to be entered, of every corporation that furnishes to the
        Reserve Bank the documents mentioned in sub-section (6);

   (b)  if a registered corporation notifies the Reserve Bank in accordance
        with sub-section (7), or the Reserve Bank otherwise becomes aware, of
        a change in the name or the address of the registered office of the
        corporation, or of a change in any other particulars relating to the
        corporation that are entered in the Register, cause the Register to be
        altered accordingly; and

   (c)  upon request by a registered corporation that is not, or has ceased to
        be, a corporation to which this Act applies, cause to be removed from
        the Register the name, the address of the registered office, and any
        other particulars, of the corporation.

(10) A written notice or notification by a corporation to the Reserve Bank
under this section shall be signed by a senior officer of the corporation.

(11) The Reserve Bank shall, if requested to do so by the Secretary to the
Department of the Treasury, furnish to him a copy of a document received by
the Reserve Bank under this section.