Business Names Regulations (Amendment) (ACT)

Regulations 1982 No. 16'

Business Names Regulations2 (Amendment)

I, PETER DREW DURACK, the Attorney-General of the Commonwealth of Australia, hereby make the following Regulations under the Business Names Ordinance 1963.

Dated 22 June 1982.

P. DURACK

Attorney-General

Commencement

1. These Regulations shall come into operation on 1 July 1982.

Interpretation

2. Regulation 2 of the Business Names Regulations is amended by omitting

sub-regulation (1) and substituting the following sub-regulation:

"(1) In these Regulations, unless the contrary intention appears—
'agent' has the same meaning as in the Companies Regulations;
'the Ordinance' means the Business Names Ordinance 1963.".

3. Regulation 5 of the Business Names Regulations is repealed and the

following regulations are substituted:

General requirements for documents

(a)	be on paper of medium weight and good quality and of foolscap folio size or international sheet size A4;
(b)	be clearly printed, written or otherwise produced in a manner that is permanent and will make possible a reproduction by photographic means that is satisfactory to the Commission;
(c)	not be a carbon copy, or a copy reproduced by any spirit duplication method;
(d)	have margins of not less than 25 millimetres on the left-hand side and not less than 13 millimetres on the right-hand side;
(e)	where it comprises 2 or more sheets, be fastened together securely in
the top left-hand corner; and
(f)	have endorsed on the outside—

"5 . (1) Unless the Commission otherwise approves, a document lodged

with the Commission shall—

(i)   on the upper left-hand corner—the registered number (if any) allotted by the Commission to the business name to which the document relates;

(ii)     the business name to which the document relates;

(iii)   the title of the document (being, if the document is in a form prescribed by these Regulations, the same as the heading to the form);

(iv)   the name, address and telephone number of the person by whom, or on whose behalf, the document is lodged; and

(v) the following words:

'Lodged with the Corporate Affairs Commission on

"(2) Where the address of the office of a corporation is required, full particulars of its situation shall be provided so as to enable it to be readily located.

"(3) The name of a person signing a form set out in the Second Schedule that is lodged with the Commission shall be legibly written under or alongside the signature of that person.

Annexures and documents accompanying forms
"6. (1) Where the space provided for a particular purpose in a form is insufficient to contain all the required information in relation to a particular item, that information shall be set out in an annexure.

"(2) An annexure to a form shall be marked with an identifying letter and endorsed with the words:

This is the annexure of pages marked with the letter

referred to in the (insert description of form) signed by me

and dated Signature(s)

and signed by each person signing the form to which the document is annexed.

"(3) The pages in an annexure shall be numbered consecutively.

"(4) Where a document, copy of a document, or other matter is annexed to or accompanies a form, reference made in the form to the annexure shall be by its identifying letter, the number of pages in it, and a brief description of the nature of the document and its contents.

"(5) A reference to an annexure includes a document, copy of a document, or any other matter accompanying or annexed to a form.

Signature of documents lodged with Commission
"7. (1) Subject to the Ordinance and these Regulations, a document relating to a corporation that is lodged by or on behalf of a corporation shall be signed—

(a) by a director, or secretary or the principal executive officer of the

corporation; or

(b) if the corporation is a foreign company—by a person referred to in

paragraph (a), by the agent of the foreign company or, if that agent is a company, by a director, or secretary or the principal executive officer of the agent.

"(2) In this regulation, 'foreign company' and 'principal executive officer' have the same meanings respectively, as in section 5 of the Companies	Act
1981.".
Second Schedule

4. (1) The Second Schedule to the Business Names Regulations is

amended—

(a) by inserting in the third column of the table in item 4 in Forms 1 and 3

"or Principal Office, as the case may be," after "Office";

(b) by omitting from Forms 1, 3, 4, 5, 6, 7, 8 and 9 "manager" (wherever

occurring) and substituting "principal executive officer";

(c)	by omitting from Forms 1,3,4, 5, 6, 7,8 and 9 "Division 3 of Part XI of
the Companies Ordinance 1962-1966" and substituting "Division 5 of Part XIII of the Companies Act 1981";
(d)	by inserting in Form 4 "or principal office, as the case may be," after

"office"; and

(e) by inserting in the heading of the fourth column in Form 6 "or

Principal Office, as the case may be," after "Office".

(2) The Second Schedule to the Business Names Regulations is further amended by omitting Form 2 and substituting the following form:

F O R M	2
A U S T R A L I A N	C A P I T A L	T E R R I T O R Y

Business Names Ordinance

No. Section 7 ( 4 ) , (5)

C E R T I F I C A T E O F R E G I S T R A T I O N O F B U S I N E S S N A M E

This is to certify that the n a m e is on and from the day of

19 , registered as a business n a m e under the Business Names Ordinance 1963.

Given under the Seal of the C O R P O R A T E A F F A I R S C O M M I S S I O N at Canbe r r a this

day of	19 .
N O T E S

1. Notified in the Commonwealth of Australia Gazette on 29 June 1982.

1. Regulations 1966 No. 11 as amended by 1976 Nos. 10 and 19; 1977 No. 20; 1979 No. 26.