Commonwealth Bank (Conversion into Public Company) Regulations (Cth)

 

Statutory

Rules1991No. 56 1

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Commonwealth Bank (Conversion into Public Company) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Commonwealth Banks Act 1959.

 Dated 21 March 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

PAUL KEATING

Treasurer

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Citation

1.  These Regulations may be cited as the Commonwealth Bank (Conversion into Public Company) Regulations.

Commencement

 2.  These Regulations commence on 2 April 1991.

Interpretation

 3.In these Regulations, “the Act” means the Commonwealth Banks Act 1959.

Form of application for registration

 4.For the purposes of section 27C of the Act, the application, referred to in paragraph 27c (1) (a) of the Act, under subsection 133 (1) of the Corporations Law must be in accordance with the Schedule.

Documents to be lodged under subsection 136 (1) of the Corporations Law

 5.For the purposes of subsection 27C (2) of the Act:

• (a)

  the lodging of a certificate signed by the Managing Director to the effect that:

   (i) the Commonwealth Bank was preserved and continued in existence under the Act; and

   (ii) the Commonwealth Bank is to be converted into a public company under the name “Commonwealth Bank of Australia”;

must be taken to be compliance with paragraph 136 (1) (a) of the Corporations Law; and

• (b)

  the lodging of a certificate signed by the Managing Director to the effect that:

   (i) the registration of the Commonwealth Bank of Australia is authorised under the Act; and

   (ii) the Commonwealth Bank of Australia will be a company limited by shares by virtue of the Act; and

  (iii) the share capital of the Commonwealth Bank of Australia is the amount calculated in accordance with, and applied under, section 27B of the Act and the capital is divided into shares under subsection 27A (1) of the Act; and

   (iv) the Commonwealth Bank has complied with the requirements of the Act relating to the conversion of the Commonwealth Bank into a public company under the name “Commonwealth Bank of Australia”;

must be taken to be compliance with paragraph 136 (1) (b) of the Corporations Law; and

• (c)

  the lodging of the proposed memorandum, and proposed articles, for the Commonwealth Bank under paragraph 27C (1) (c) of the Act must be taken to be compliance with paragraph 136 (1) (c) of the Corporations Law; and

• (d)

  the lodging of a certificate signed by the Managing Director to the effect that the share capital and issue of shares are as required by sections 27a and 27b of the Act must be taken to be compliance with paragraph 136 (1) (d) of the Corporations Law.

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 SCHEDULERegulation 4

 

Registered No.:

 

APPLICATION FOR REGISTRATION AS A COMPANY

 

Commonwealth Bank of Australia a statutory corporation preserved and continued in existence under the Commonwealth Banks Act 1959 applies to be registered under Corporations Law of the Capital Territory as a public company limited by shares with liability of the members being limited.

 

 1.     The address of the proposed registered office of the corporation          is.............................................

 ................................................................................................................................

  

   2.   The corporation is authorised by paragraph 27 C (1) (a) of that Act to apply for          registration.

 

   3.   State particulars of the business of the corporation, showing:

        (a)    the address of the principal business office in Australia; and

        (b)    a brief statement of the principal activities; and

        (c)     the date of the end of the financial year; and

        (d)    details of the proposed directors; and

        (e)    a statement of the issued capital; and

        (f)     the name of the shareholder.

 

   4.   The share capital and issue of shares are as required by sections 27a and          27b of that Act.

  

        Dated at...................................................................on this...............................................

day of.................................................................................19................

 

Signed by the Managing Director of the

Commonwealth Bank of Australia

in the presence of:

 

(Signature)

 

(Signature of witness)

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NOTE

1. Notified in the Commonwealth of Australia Gazette