Companies Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2951

 

Companies Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in accordance with subsection 577 (2) of the Companies Act 1981,hereby make the following Regulations under that Act.

Dated 13 September 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Michael Duffy

Attorney-General

 

1. Amendment

1.1 The Companies Regulations are amended as set out in these Regulations.

1.2 In these Regulations:

“ ‘annual return section’ means the part of Form 66 under the heading ‘ANNUAL RETURN OF A COMPANY FOR FINANCIAL YEAR ENDED ON (Insert date)’;

‘directions section’ means the part of Form 66 under the heading ‘DIRECTIONS FOR COMPLETING ANNUAL RETURN AND STATEMENT OF CHANGES IN PARTICULARS SHOWN ON ANNUAL RETURN’.

‘statement of changes section’ means the part of Form 66 under the heading ‘STATEMENT OF CHANGES IN PARTICULARS SHOWN ON ANNUAL RETURN FOR FINANCIAL YEAR ENDED ON (Insert date)’.;.

2. Form 66 in Schedule 2 (Forms)

2.1 New item 1a in annual return section:

After item 1. insert:

“1a. PLACE OF INCORPORATION

State the place of incorporation of the company:”.

 

(S.R. 301/90)—Cat. No 14/6.9.1990

2.2 Item 5 in annual return section:

After paragraph 5 (b), insert:

“(c) state:

(i) the address:

(ii) the telephone number:

(iii) the facsimile number (if applicable):

of the company’s principal business office in Australia:”.

2.3 New item 10a in annual return section:

After item 10, insert;

“10a. NUMBER OF OPTIONS ISSUED:

Number of shares entitled to:

Average exercise price per share: $”.

2.4 New item 11a in annual return section:

After item 11. insert:

“11 a. SUPPLEMENTARY INFORMATION; MEMBERS

(a) state if the member:

(i) is a director, principal executive officer or secretary of the company (answer ‘yes’ or ‘no’):

(ii) holds shares that are fully paid up (answer ‘yes’ or ‘no’):

(iii) holds shares that are beneficially owned (answer ‘yes’ or ‘no’):

(b) list the class of shares held by the member:”.

2.5 Item 12 in annual return section:

Omit the item, substitute:

“12. NAME OF COMPANY’S

ULTIMATE HOLDING COMPANY:

PLACE OF INCORPORATION:

REGISTERED NUMBER:”.

2.6 Item 14 in annual return section:

After paragraph 14(b), insert:

“(c) if the company acts as trustee—for each trust;

(i) liabilities incurred by the company as a trustee $

(ii) the amount by which the company has the right to be indemnified out of trust assets $”.

2.7 Item 16 in annual return section:

After “return is” in paragraph 16 (a), insert “complete and”.

2.8 Heading to statement ofchanges section:

Add at the end;

“(Complete and sign this statement only if the Annual Return is out of date as a result of any notifiable changes, up to the date of its signing)”.

 

2.9 New item 1a in statement of changes section:

After item 1, insert:

“1A. COMPANY NUMBER

State the number of the company;”.

2.10 Item 5 in statement of changes section;

Omit “*has ceased to carry on business”, substitute “*has ceased to carry on business in:”.

2.11 New item 5a in statement of changes section:

After item 5, insert:

“5a. CONSENT TO SPECIFY ADDRESS

State if the company occupies the premises referred to in item 4 or 5 (answer ‘yes’ or ‘no’. If the answer is ‘no’, the occupier of the premises must sign the consent at the end of this statement):”.

2.12 New item 8 in statement of changes section:

After item 7, insert:

“8. INFORMATION NOTIFIED PREVIOUSLY TO COMMISSION

State if the particulars required under the following items have been previously notified to the Commission:

(a) item 2 (answer ‘yes’ or ‘no’):

(b)item 4 (answer ‘ yes’ or ‘no’):

(c) item 5 (answer ‘yes’ or ‘no’):

(d) item 6 (answer ‘yes’ or ‘no’):

(e) item 7 (answer ‘yes’ or ‘no’):”.

2.13 New item 7a in directions section:

After item 7, insert:

ITEM 5 PRINCIPAL BUSINESS OFFICE IN AUSTRALIA

“7a. State the address of the main office, or if there is no office, the address of the place where the business of the company is conducted.”.

2.14 New item 18a in directions section:

After item 18, insert:

ITEM 12 ULTIMATE HOLDING COMPANY

“18a. If the ultimate holding company is a foreign company and not registered as a foreign company in a participating State or participating Territory, state its name and place of incorporation only.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 September 1990.

2. Statutory Rules 1982 No. 120 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 285 and see also Statutory Rules 1990 No. 285.

 

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