Commonwealth Repealed Acts
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This legislation has been repealed.
CORPORATIONS LAW- SECT 53
Affairs of a body corporate
For the purposes of the definition of examinable affairs in
section 9, section 53AA 232, 233 or 234, paragraph 461(1)(e), section 487,
subsection 1307(1) or section 1309, or of a prescribed provision of this Law,
the affairs of a body corporate include:
- (a)
- the promotion, formation, membership, control, business, trading,
transactions and dealings (whether alone or jointly with any other person or
persons and including transactions and dealings as agent, bailee or trustee),
property (whether held alone or jointly with any other person or persons and
including property held as agent, bailee or trustee), liabilities (including
liabilities owed jointly with any other person or persons and liabilities as
trustee), profits and other income, receipts, losses, outgoings and
expenditure of the body;
- (b)
- in the case of a body corporate (not being an authorised trustee
corporation) that is a trustee (but without limiting the generality of
paragraph (a))matters concerned with the ascertainment of the identity
of the persons who are beneficiaries under the trust, their rights under the
trust and any payments that they have received, or are entitled to receive,
under the terms of the trust;
- (c)
- the internal management and proceedings of the body;
- (d)
- any act or thing done (including any contract made and any
transaction entered into) by or on behalf of the body, or to or in relation to
the body or its business or property, at a time when:
- (i)
- a
receiver, or a receiver and manager, is in possession of, or has control over,
property of the body;
- (ii)
- the body is under administration;
- (iia)
- a deed of company arrangement executed by the body has not yet
terminated;
- (iii)
- a compromise or arrangement made between the body and any other
person or persons is being administered; or
- (iv)
- the body is being wound up;
and, without limiting the generality of the foregoing, any conduct of such a
receiver or such a receiver and manager, of an administrator of the body, of
an administrator of such a deed of company arrangement, of a person
administering such a compromise or arrangement or of a liquidator or
provisional liquidator of the body;
- (e)
- the ownership of shares in, debentures of, and interests in a
managed investment scheme made available by, the body;
- (f)
- the power of persons to exercise, or to control the exercise of,
the rights to vote attached to shares in the body or to dispose of, or to
exercise control over the disposal of, such shares;
- (g)
- matters concerned with the ascertainment of the persons who are
or have been financially interested in the success or failure, or apparent
success or failure, of the body or are or have been able to control or
materially to influence the policy of the body;
- (h)
- the circumstances under which a person acquired or disposed of,
or became entitled to acquire or dispose of, shares in, debentures of, or
interests in a managed investment scheme made available by, the
body;
- (j)
- where the body has made available interests in a managed
investment schemeany matters concerning the financial or business
undertaking, scheme, common enterprise or investment contract to which the
interests relate; and
- (k)
- matters relating to or arising out of the audit of, or working
papers or reports of an auditor concerning, any matters referred to in a
preceding paragraph.
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