Companies (Fees) Regulations (Cth)

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Companies (Fees) Regulations

Statutory Rules 1982 No. 129 as amended

made under the

Companies (Fees) Act 1981

This compilation was prepared on 11 April 2000

taking into account amendments up to SR 1990 No. 158

Prepared by the Office of Legislative Drafting

Attorney-General’s Department, Canberra

Companies (Fees) Regulations

Statutory Rules 1982 No. 129 as amended

made under the

Companies (Fees) Act 1981

Contents

Page

      

1Citation [see Note 1]

 These Regulations may be cited as the Companies (Fees) Regulations.

2Interpretation

 In the Schedule, a reference to a section, subsection or paragraph, without an enactment being cited, shall be taken as a reference to that section, subsection or paragraph of the Companies Act 1981.

3Prescribed fees

The fees payable for the purposes of subsection 4 (1) of the Companies (Fees) Act 1981 are the fees specified in the Schedule in relation to the respective matters so specified.

Schedule

(regulation 3)

Part IInterpretation

In items 53A, 53B, 53C and 53D in this Schedule:

class of information, in relation to a corporation, means information in respect of the corporation concerning all or any of the matters referred to in one of the following paragraphs:

  • (a)

    its full name, the date and place of its incorporation or formation and its registered number;

  • (b)

    whether it is a public company, an exempt proprietary company, a non-exempt proprietary company, a company limited by shares, a company limited by guarantee, a company limited by both shares and guarantee, an unlimited company, a no liability company, or other form of corporation;

  • (c)

    its principal activities;

  • (d)

    its registered office and (if a foreign company) its registered office or principal place of business in its place of incorporation or formation;

  • (e)

    the participating States and Territories (if any) in which its name is registered and its principal office (if any) in each of those States and Territories;

  • (f)

    its officers and (if a foreign company) its agent in the jurisdiction;

  • (g)

    any scheme of arrangement that it has entered into with its creditors, its placement under official management or receivership or its liquidation;

  • (h)

    its issued and paid up capital;

  • (i)

    its deregistration (if applicable);

  • (j)

    any charges on its property that have been lodged with the Commission or entered in the Register of Company Charges;

  • (k)

    any other matter.

Part IIPrescribed Fees

Column 1

Item

Column 2

Matter

Column 3

Fee

$

Registration of auditors and liquidators

1

Lodging an application under paragraph 17 (1) (a) or (b) for

 registration as an auditor or liquidator

110

2

Lodging an application under paragraph 17 (1) (c) for registration as a liquidator of a specified corporation

55

3

Lodging a statement:

(a) under subsection 26 (2) or (3):

(i) if statement made in the capacity of auditor or liquidator

(ii) if statement made in the capacity of auditor and liquidator.

(b) under subsection 26 (5)

45

85

45

Names

4

For a search as to the availability of any names proposed to be adopted or used by a corporation or intended corporation, for each name searched

11

5

Lodging an application for the reservation of a name or for the extension of a reservation

An additional fee for each participating State or participating Territory in which the reservation or extension is sought

28

11

6

For reserving and registering a name in accordance with an application under subsection 40 (1) or 46 (1) or (2), for each participating State or participating Territory in which the name is reserved and registered

260

7

For reserving and registering a name in accordance with an application under subsection 43 (1) or 49 (1), for each participating State or participating Territory in which the name is reserved and registered

55

8

For reserving and registering a name in accordance with an

 application under subsection 52 (1) or 55 (1), for each participating State or participating Territory in which the name is reserved and registered

55

9

For registering a name in accordance with a notice under section 59, for each participating State or participating Territory to which the notice relates

260

10

Lodging an application for the consent of the Ministerial Council under subsection 38 (2) to the use of a name by a corporation or an intended corporation

140

11

Lodging an application for the approval of the Commission to the change of name of a company, other than a change of name directed by the Commission under subsection 65 (3) or a change of name under subsection 66 (2)

85

Incorporation

12

Submitting memorandum and articles for the registration of an intended company having a share capital

An additional fee, for each page of

  the memorandum and articles in excess of 20

540

1

13

Submitting memorandum and articles for the registration of an intended company not having a share capital

An additional fee, for each page of

 the memorandum and articles in excess of 20

210

1

Powers and status

13A

Lodging a copy of a special resolution altering a provision or provisions of the memorandum or articles of a company, for each page

1

Section 66 licences

14

Lodging an application for a licence under section 66

85

15

Lodging an application for the approval under subsection 66 (11) of the alteration or proposed alteration of the memorandum or articles of a company

28

Changes after incorporation

16

Lodging an application under section 69 for a change of status:

(a) for an application by a company limited by guarantee to convert to a company limited both by shares and guarantee

(b) for an application other than an application mentioned in paragraph (a)

370

28

17

Lodging a copy of a special resolution under subsection 70 (1) or (2)

28

Transfer of incorporation

18

Lodging an application by a company under subsection 83 (1)

370

19

Lodging an application by a recognized company under subsection 84 (1)

185

20

Lodging an application by a foreign company under subsection 85 (1)

370

Registration of foreign companies

21

Lodging documents under subsection 512 (2) for the registration of a foreign company

540

Fund raising

22

Submitting a proposed prospectus

An additional fee for each participating State and participating Territory specified in accordance with paragraph 98 (1) (o)

1,000

185

22A

Submitting a proposed statement under section 170, for each class of prescribed interest offered in the statement

An additional fee for each participating State and participating Territory specified in accordance with paragraph 98 (1) (o), for each class of prescribed interest offered in the statement

1,000

185

23

Lodging an application to the Commission under subsection 105 (3)

45

24

Lodging an application for the approval of a trustee for debenture holders under paragraph 152 (1) (h)

28

25

Submitting to the Commission for examination a proposed deed for the appointment of a person as trustee for or representative of the holders of prescribed interests issued or proposed to be issued by a company, other than a proposed deed mentioned in item 26

890

26

Submitting to the Commission for examination a proposed deed to amend a deed approved under section 166

85

27

Lodging an application for the approval of a trustee or representative under subsection 167 (1)

28

28

Lodging an application for a declaration under subsection 168 (2), for each matter specified

28

29

Lodging an application for an exemption under

section 215C

85

30

Lodging an application to the Commission under subsection 552 (2)

45

Charges

31

Lodging a notice under section 201 or 202

65

32

Lodging a notice under section 206

37

33

Lodging a memorandum under subsection 207 (2)

37

Annual returns and accounts

34

Lodging an application to the Commission under subsection 268 (4)

75

35

Lodging an application to the Commission under section 273

85

36

Lodging an annual return of a public company, not being a company mentioned in item 37 or 38

An additional fee for each participating State or participating Territory in which the name of the company is registered

540

185

37

Lodging an annual return or accounts of a company holding a licence under section 66 or under a corresponding provision of a previous law of the Territory

An additional fee for each participating State or participating Territory in which the name of the company is registered

28

17

38

Lodging an annual return or accounts of a company limited by guarantee or both by shares and by guarantee, if the memorandum states, or in the case of a company incorporated before 1 July 1982, its memorandum or articles states, that the company:

(a) is formed for a purpose mentioned in paragraph 66 (1) (a);

(b) applies its profits (if any) or other income in promoting its purpose; and

(c) prohibits the distribution of its income or property among its members

An additional fee for each participating State or participating Territory in which the name of the company is registered

28

17

39

Lodging an annual return of a proprietary company that is not an exempt proprietary company

An additional fee for each participating State or participating Territory in which the name of the company is registered

210

185

40

Lodging an annual return of an exempt proprietary company, not being a company mentioned in item 41

An additional fee for each participating State or participating Territory in which the name of the company is registered

145

75

41

Lodging an annual return of an exempt proprietary company, if the Commission is satisfied that:

(a) the company is the proprietor of land on which is erected a building divided into individual residential areas and areas for common use; and

(b) the shareholders in that company are entitled, because of their shareholdings, to the exclusive occupation of one or more of those residential areas and the use of those common areas; and

(c) the company operates solely:

(i) for the purpose of facilitating and enforcing the rights of shareholders in relation to exclusive occupation of those residential areas; and

(ii) for the maintenance of those common areas

37

42

Lodging an annual return or a balance-sheet and profit and loss account of a registered foreign company under section 516

For foreign companies formed outside Australia and the external Territories, an additional fee for each participating State or participating Territory in which the name of the company is registered

210

185

Other applications

43

Lodging any application for the lodging of which a fee is not provided by any other item

28

Defunct companies

44

Lodging an application to the Commission to exercise the powers conferred by section 460 or 462

85

45

For an act done by the Commission as representing a defunct company or its liquidator under section 460

85

46

For an act done by the Commission under section 462

85

Late lodgment

47

The late lodgment of a document (in addition to the lodgment fee provided by any other item):

(a) if lodged within one month after the prescribed time

(b) if lodged more than one month, but within 3 months, after the prescribed time

(c) if lodged more than 3 months after the prescribed time

17

55

85

Searches of documents

48

For inspection under subsection 31 (2) of documents that are lodged by or in relation to a particular corporation or other person (other than an inspection by or on behalf of the Australian Broadcasting

 Corporation, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station or the proprietor or publisher of a newspaper generally available to the public otherwise than only on subscription)

10

49

For an inquiry, other than an inquiry in person, involving an inspection to which item 48 refers

14

Supply of uncertified copies

50

For the supply of an uncertified copy or extract of a document, for each page, in addition to the fee payable under item 48 or 49

1

Certification

51

For a certificate issued by the Commission, other than a certificate mentioned in item 52 or a certificate under subsection 35 (2) or 514 (6)

11

52

For the supply of a certified copy of, or the supply of a certified copy of an extract from, a document filed or lodged with the Commission:

(a) for one page

(b) for each additional page or part of a page

11

1

Production of documents

53

For the production by the Commission, under a subpoena, of a document in its custody

An additional fee for each page of the document produced

28

1

Issue of computer generated documents

53A

For a document issued by the Commission, requested in person, that contains not more than 5 classes of information relating to one corporation where the information is retrieved from a computer

5

53B

For a document issued by the Commission, requested in person, that contains more than 5 classes of information relating to one corporation where the information is retrieved from a computer

6

53C

For a document issued by the Commission, not requested in person, that contains not more than 5 classes of information relating to one corporation where the

 information is retrieved from a computer

12

53D

For a document issued by the Commission, not requested in person, that contains more than 5 classes of information relating to one corporation where the information is retrieved from a computer

13

Other acts by the Commission

54

For any act that the Commission is required or authorised to do on the request of a person and for which a fee is not prescribed by any other item

17

55

For the supply of information and a copy or print of a document kept by the Commission in a participating State or participating Territory

An additional fee for each page of the copy or print provided

28

1

56

Lodging in accordance with paragraph 129 (10) (e) a copy of the notice and of the statement mentioned in that paragraph

85

57

Preparation by the Commission of the statement mentioned in paragraph 315 (21) (b)

85

58

Submitting to the Commission for examination an explanatory statement sent out under subsection

316 (1)

450

Notes to the Companies (Fees) Regulations

Note 1

The Companies (Fees) Regulations (in force under the Companies (Fees) Act 1981) as shown in this compilation comprise Statutory Rules 1982 No. 129 amended as indicated in the Tables below.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1982 No. 129

18 June 1982

18 June 1982

1983 No. 184

23 Sept 1983

1 Oct 1983

1983 No. 317

16 Dec 1983

1 Jan 1984

1984 No. 245

21 Sept 1984

1 Oct 1984

1986 No. 145

30 June 1986

1 July 1986

1987 No. 82

27 May 1987

1 July 1987

1988 No. 35

24 Mar 1988

1 Apr 1988

1988 No. 106

1 June 1988

1 July 1988

1989 No. 126

21 June 1989

1 July 1989

1990 No. 158

29 June 1990

1 July 1990

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Schedule.................................

rs. 1983 No. 184

am. 1983 No. 317; 1984 No. 245

rs. 1986 No. 145; 1987 No. 82

am. 1988 Nos. 35 and 106; 1989 No. 126; 1990 No. 158

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