Companies Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 2961

 

Companies Regulations2 (Amendment)

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 in accordance with subsection 577 (2) of the Companies Act 1981, hereby make the following Regulation under the Companies Act 1981 as amended by sections 4 and 5 of the Co-operative Scheme Legislation Amendment Act 1989.

Dated 25 October 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

R. Kelly

Minister of State for Telecommunications and

Aviation Support for and on behalf of the

Attorney-General

 

The Companies Regulations are amended by adding at the end of Part V the following regulations:

Prescribed registers: subsections 31a (2), (3) and (4) of the Act

“56b. For the purposes of subsections 31a(2), (3) and (4) of the Act, the following registers are prescribed:

(a) register of deeds approved in accordance with Division 6 of Part IV of the Act;

(b) Register of Auditors;

(c) Register of Company Charges;

(d) register of companies incorporated under section 35 of the Act;

(e) Register of Disqualified Company Directors and Other Officers;

(f) register of foreign companies registered in accordance with Division 5 of Part XIII of the Act;

(g) Register of Liquidators;

 

(S.R. 340/89)—Cat. No. 3/17.10.1989

 

(h) register kept for the purposes of subsection 86 (6) of the Act;

(i) register of names reserved and registered in accordance with Division 2 of Part III of the Act;

(j) Register of Official Liquidators.

Prescribed information: subsections 31a(3) and (4) of the Act

“56c. For the purposes of subsections 31a (3) and (4) of the Act, the following information is prescribed:

(a) in relation to each deed entered in the register of deeds approved in accordance with Division 6 of Part IV of the Act:

(i) its registered number and date of registration; and

(ii) the name of the scheme established by the deed (if any); and

(iii) the name of the trustee; and

(iv) the name of the management company; and

(v) the nature of the interests offered under the scheme; and

(vi) the date of registration of each deed amending a deed approved under section 166 of the Act;

(b) in relation to the Register of Auditors—each auditor registered under subsection 23 (1) of the Act;

(c) in relation to the Register of Company Charges—each charge registered under subsection 203 (2) of the Act;

(d) in relation to each company entered in the register of companies incorporated under section 35 of the Act:

(i) its full name, the date of its incorporation and its registered number; and

(ii) whether it is a public company, an exempt proprietary company or a non-exempt proprietary company; and

(iii) whether it is a company limited by shares, a company limited by guarantee, a company limited by both shares and guarantee, an unlimited company or a no liability company; and

(iv) its principal activities; and

(v) its registered office; and

(vi) each participating State or Territory (if any) in which its name is registered and its principal office (if any) in that State or Territory; and

(vii) its officers; and

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

(ix) its issued and paid up capital; and

(x) its deregistration (if applicable); and

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

 

(e) in relation to each company entered in the register of foreign companies in accordance with Division 5 of Part XIII of the Act:

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

(ii) the class of the foreign company in its place of incorporation or formation and whether the liability of members of the company is limited; and

(iii) its principal activities; and

(iv) its registered office; and

(v) its registered office or principal place of business in its place of incorporation or formation; and

(vi) each participating State or Territory (if any) in which its name is registered and its principal office (if any) in that State and Territory; and

(vii) its officers; and

(viii) its agent in each participating State or Territory in which it is registered; and

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

(x) its issued and paid up capital; and

(xi) its deregistration (if applicable); and

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

(f) in relation to the Register of Disqualified Company Directors and Other Officers—orders and notices registered under subsection 238a (1) of the Act;

(g) in relation to the Register of Liquidators—each liquidator registered under subsection 24 (1) of the Act;

(h) in relation to the register kept for the purposes of subsection 86 (6) of the Act—each corporation registered under subsection 86 (6) of the Act;

(i) in relation to the register of names reserved and registered in accordance with Division 2 of Part III of the Act—a name entered in that register, the number allocated to the name and the date on which the entry was made;

(j) in relation to the Register of Official Liquidators—each official liquidator registered under subsection 24 (2) of the Act.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 October 1989.

2. Statutory Rules 1982 No. 120 as amended by 1982 No. 121; 1983 Nos. 214, 215 and 316; 1984 No. 246; 1985 No. 228; 1986 Nos. 33, 136, 152, 247 and 376; 1987 Nos. 172 and 206; 1988 No. 265.

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