Corporations Act 2001

Sections and provisions with full text and the judgments that cite each one.

Section 601JH — Proceedings of compliance committee

(1) Subject to the requirements of the compliance plan, a scheme’s compliance committee may regulate its proceedings as it thinks appropriate. (2) The committee must keep: (a) minutes of its…

Section 601TDH — Trustee company not to charge more than was being charged before section commenced

Subject to section 601TDI and 601TDJ, the trustee company must not charge fees in excess of the fees than it could have charged in relation to the charitable trust immediately before the commencement…

Section 601VBH — Minister may seek views of the company concerned and its clients

For the purpose of making a decision under this Division (whether or not in response to an application) in relation to a company, the Minister may seek the views of the company concerned and its…

Section 601WBH — Notice of certificate

(1) ASIC must: (a) give a copy of the certificate of transfer to the transferring company and the receiving company; and (b) make a notifiable instrument setting out notice of the issue of the…

Section 601WCH — Minister or ASIC may seek views of trustee company and its clients

For the purpose of deciding whether to exercise powers under this Part, the Minister or ASIC may seek the views of a trustee company or its clients in relation to the possible exercise of the powers.

Section 601AI — Transferring registration

A company may transfer its registration to registration under a law of the Commonwealth, or of a State or Territory, by: (a) passing a special resolution resolving to transfer its registration to…

Section 601HI — Action on change of auditor of compliance plan

If the auditor of the compliance plan of a registered scheme changes, the responsible entity must, as soon as practicable after the change and in writing, ask ASIC to alter the record of the scheme’s…

Section 601TDI — Additional amount if trust money is in a common fund

(1) If any of the charitable trust’s assets are included in a common fund operated by the trustee company, the trustee company may charge an annual common fund administration fee (GST inclusive) not…

Section 601VBI — Time limit for Minister’s decision

(1) The Minister must make a decision on an application under this Division within 30 days after receiving the application. (2) However, before the end of the 30 days, the Minister may decide to…

Section 601WBI — Time and effect of transfer

(1) When a certificate of transfer comes into force, the receiving company becomes the successor in law of the transferring company in relation to estate assets and liabilities of the transferring…

Section 601WCI — Authorisation to perform functions or exercise powers in this Part

ASIC may, in writing, authorise a person who is a member, or staff member, of ASIC to perform functions or exercise powers under section 601WCA, 601WCB or 601WCC.

Section 601AJ — Applying to transfer registration

(1) To transfer its registration, a company must lodge an application with ASIC together with: (a) a copy of the special resolution that resolves to change the company’s registration to a…

Section 601BJ — ASIC may direct company to apply for Court approval for modifications of constitution

(1) ASIC may give the company a written direction to apply to the Court within a specified period for an order approving the modified constitution. (2) The Court may make an order: (a) declaring that…

Section 601CJ — Liability of local agent

A local agent of a registered foreign company: (a) is answerable for the doing of all acts, matters and things that the foreign company is required by or under this Act to do; and (b) is personally…

Section 601DJ — ASIC’s power to direct a registered name be changed

(1) ASIC may direct a registered Australian body or registered foreign company in writing to change the name under which the body or company is registered within 2 months if: (a) the name should not…

Section 601FJ — Changes only take effect when ASIC alters record of registration

(1) Despite anything in this Division, the company named in ASIC’s record of registration as the responsible entity or temporary responsible entity of a registered scheme remains the scheme’s…

Section 601JJ — Disclosure of interests

(1) A member of a scheme’s compliance committee must disclose to the committee a direct or indirect pecuniary interest that they have in a matter being considered, or about to be considered, by the…

Section 601TDJ — Additional amount for preparation of returns etc.

The trustee company may charge a reasonable fee for work involved in the preparation and lodging of returns for the purpose of, or in connection with, assessments of any duties or taxes (other than…

Section 601WBJ — Substitution of trustee company

When a certificate of transfer comes into force, any appointment or nomination of the transferring company to a particular capacity (for example, as trustee, executor or administrator) in relation to…

Section 601AK — ASIC makes transfer of registration declaration

ASIC may make a transfer of registration declaration in relation to the company under this section if ASIC is satisfied that: (a) the application complies with section 601AJ; and (b) the company’s…

Section 601BK — Establishing registers and minute books

(1) A company registered under this Part must, within 14 days after registration: (a) set up the register required by section 168; and (b) include in the register the information that is required to…

Section 601CK — Balance-sheets and other documents

(1) Subject to this section, a registered foreign company must, at least once in every calendar year and at intervals of not more than 15 months, lodge a copy of its balance-sheet made up to the end…

Section 601FK — Requirements of section 601FA must be met

A company cannot be chosen or appointed as the responsible entity or temporary responsible entity of a registered scheme unless it meets the requirements of section 601FA.

Section 601WBK — Liabilities for breach of trust and other matters not affected by this Part

(1) Nothing in this Part applies to or affects liabilities of the transferring company, or of an officer or employee of the transferring company, for: (a) any breach of trust; or (b) any other…

Section 601AL — ASIC to deregister company

(1) ASIC must deregister the company if: (a) ASIC makes a transfer of registration declaration in relation to the company; and (b) the company is registered under the law of the Commonwealth or of…

Section 601BL — Registration of registered bodies

(1) If a registered body becomes registered as a company under this Part, it ceases to be a registered body. ASIC must remove the body’s name from the appropriate register kept for the purposes of…

Section 601CL — Cessation of business etc.

(1) Within 7 days after ceasing to carry on business in this jurisdiction, a registered foreign company must lodge written notice that it has so ceased. (2) Where ASIC receives notice from a local…

Section 601FL — Retirement of responsible entity

(1) If the responsible entity of a registered scheme wants to retire, it must call a members’ meeting to explain its reason for wanting to retire and to enable the members to vote on a resolution to…

Section 601BM — Effect of registration under this Part

(1) Registration under this Part does not: (a) create a new legal entity; or (b) affect the body’s existing property, rights or obligations (except as against the members of the body in their…

Section 601CM — Register of members of foreign company

(1) A registered foreign company that has a share capital may cause a branch register of members to be kept in this jurisdiction. (2) If a member of a registered foreign company is resident in this…

Section 601FM — Removal of responsible entity by members

(1) If members of a registered scheme want to remove the responsible entity, they may take action under Division 1 of Part 2G.4 for the calling of a members’ meeting to consider and vote on a…

Section 601BN — Liability of members on winding up

A person who stopped being a member of the body before it was registered as a company under this Part is to be treated as a past member of the company in applying Division 2 of Part 5.6 to a winding…

Section 601CN — Register kept under section 601CM

(1) This section has effect where a registered foreign company keeps a register under section 601CM. (2) The foreign company must keep the register in the same manner as this Act requires a company…

Section 601FN — ASIC or scheme member may apply to Court for appointment of temporary responsible entity

ASIC or a member of the registered scheme may apply to the Court for the appointment of a temporary responsible entity of the scheme under section 601FP if the scheme does not have a responsible…

Section 601BP — Bearer shares

(1) A bearer of a bearer share in a company registered under this Part may surrender the share to the company. The company must: (a) cancel the share; and (b) include the bearer’s name in the…

Section 601CP — Notifying ASIC about register kept under section 601CM

Within 14 days after: (a) beginning to keep a register under section 601CM; or (b) changing the place where a register is so kept; or (c) discontinuing a register under section 601CM; a registered…

Section 601FP — Appointment of temporary responsible entity by Court

(1) On application under section 601FL or 601FN, the Court may, by order, appoint a company as the temporary responsible entity of a registered scheme if the Court is satisfied that the appointment…

Section 601BQ — References in pre-registration contracts and other documents to par value in existing contracts and documents

(1) This section applies in relation to a company registered under this Part for the purpose of interpreting and applying after registration: (a) a contract entered into before the registration; or…