Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 188

Responsibility of secretaries and directors for certain contraventions

 
Secretary's functions
 
 
(1)
A secretary of
a company contravenes this subsection if the company contravenes: 
 
 
(a)
section 142 (requirement for
companies to have registered office); or

(b)
section 145 (requirement for registered office of public company
to be open to public); or

(c)
section 345 (annual returns); or

(d)
section 205B (lodgment of notices with ASIC). 

 
 Note: See section 203C for
the circumstances in which a company must have a secretary. 


 
Consequence if director of proprietary company without secretary
does not fulfil secretary's function
 
 
(2)
Each
director of a proprietary company contravenes this subsection if: 
 
 
(a)
the proprietary company
contravenes section 142, 145, 205B or 345; and

(b)
the proprietary company does not have a secretary when it
contravenes that section. 

 
Defence
 
 
(3)
A person does not
contravene subsection (1) or (2) if they show that they took all reasonable
steps to ensure that the company complied with the section.