Corporations (Fees) Regulations 1990 (Cth)

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Corporations (Fees) Regulations 1990

Statutory Rules 1990 No. 456 as amended

made under the

Corporations Act 1989

This compilation was prepared on 11 September 2003

taking into account amendments up to SR 2001 No. 194

[Note:

These Regulations were repealed by SR 2001 No. 194]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Corporations (Fees) Regulations 1990.

2Interpretation

In the Schedule, a reference to a chapter, part, division, section, subsection, paragraph or subparagraph, without an enactment being cited, is a reference to that chapter, part, division, section, subsection, paragraph or subparagraph of the Corporations Law.

2ADefinitions

 In item 7 in the Schedule:

small transferring financial institution means a transferring financial institution of this jurisdiction:

  • (a)

    which is required, under section 345 of the Corporations Law, to lodge its annual return by:

    • (i)

      31 January 2000, or 31 January in a later year; or

    • (ii)

      a different date agreed to by ASIC and the institution; and

  • (b)

    for which any of the following circumstances exists on 1 July immediately before that date:

    • (i)

      a levy under the Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998 or the Life Insurance Supervisory Levy Imposition Act 1998 is not payable;

    • (ii)

      the minimum levy amount determined under subsection 7 (3) of the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998 is payable;

    • (iii)

      the minimum levy amount determined under subsection 7 (3) of the Life Insurance Supervisory Levy Imposition Act 1998 is payable.

special purpose company means:

  • (a)

    a company holding a licence that is continued in force by section 151 and allows the company to omit “Limited” from its name; or

  • (b)

    in the case of a company limited by guarantee, or by both shares and guarantee, that was registered immediately before the commencement of this item — if the constitution of the company states that the company:

    • (i)

      is formed for the purpose of providing recreation or amusement or promoting commerce, industry, art, science, religion, charity, patriotism pension or superannuation schemes or any other object useful to the community; and

    • (ii)

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

    • (iii)

      prohibits the distribution of its income or property to its members; or

  • (c)

    a company that, under subsection 150 (1), is registered without “Limited” in its name; or

  • (d)

    a company the constitution of which:

    • (i)

      requires the company to pursue charitable purposes only and to apply its income in promoting those purposes; and

    • (ii)

      prohibits the company making distributions to its members and paying fees to its directors; and

    • (iii)

      requires its directors to approve all other payments the company makes to them; or

  • (e)

    a proprietary company, except a company to which item 7A or 7B applies, if:

    • (i)

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

    • (ii)

      the members of the company are entitled, because of the shares they hold in the company, to the exclusive occupation of 1 or more of the residential areas and to the use of the common areas; and

    • (iii)

      the company only operates to facilitate and enforce the rights of company members in relation to exclusive occupation of the residential areas and to maintain the common areas; or

  • (f)

    a company not mentioned in a preceding paragraph of this definition, if:

    • (i)

      the constitution of the company prohibits distribution of the company’s income or property to its members; and

    • (ii)

      the sole purpose of the company is to act as the trustee of a regulated superannuation fund within the meaning of section 19 of the Superannuation Industry (Supervision) Act 1993.

transferring financial institution of this jurisdiction has the meaning given by clause 1 of Schedule 4 to the Corporations Law.

3Prescribed fees

The fee prescribed for the purposes of section 25 of the Corporations Act 1989 for a chargeable matter set out in the Schedule is the fee specified in the Schedule for that matter.

ScheduleFees

(regulation 3)

  

Column 1

Column 2

Column 3

Item

Matter

Fee

Occupational licensing

1

On application under subsection 782 (1) for a dealers licence or an investment advisers licence or under subsection 1144 (1) for a futures brokers licence or a futures advisers licence:

(a) a body corporate

$480

(b) by a natural person

$300

1A

On application for variation of a dealers licence to authorise the licensee to operate a managed investment scheme or managed investment schemes of a particular kind

$240

2

On lodging a statement under section 791 or 1157 (1):

(a) by a body corporate that holds a dealers licence, an investment advisers licence, a futures brokers licence or a futures advisers licence

$300

(b) by a natural person who holds a dealers licence, an investment advisers licence, a futures brokers licence or a futures advisers licence

$120

3

On application under Part 9.2 for registration as:

(a) an auditor

$300

(b) an official liquidator

$300

(c) a liquidator, except a liquidator referred to in paragraph (d)

$300

(d) a liquidator of a specified body corporate

$60

4

On lodging a statement under section 1288

$120

Incorporation and Registration of companies and other bodies

5

On application for:

(a) registration of a company under section 118:

  • (i)

    if the company has a share capital

$720

  • (ii)

    if the company does not have a share capital

$300

(b) registration of a company under section 601BD:

  • (i)

    if, at the time of lodging the application, the body corporate was registered under Division 2 of Part 5B.2

$300

  • (ii)

    in any other case

$720

(c) transfer of the registration of a company under section 1362B

$750

6

On lodging the documents under Part 5B.2 for the registration of:

(a) a registrable Australian corporation:

  • (i)

    if, in its place of origin, it is incorporated or registered under a law dealing with the incorporation of associations

$300

  • (ii)

    if, in its place of origin, it is incorporated or registered under a law except a law dealing with the incorporation of associations

$720

(b) a foreign company

$720

6A

On application under section 601EA for registration of a managed investment scheme:

(a) if the application relates to prescribed interests to which section 1452 applies

$900

(b) if paragraph (a) does not apply

$1 800

Annual returns and accounts

7

On lodging the annual return, except a return to which item 7A or 7B applies, of:

(a) a public company, except a special purpose company or a small transferring financial institution

$900

(b) a proprietary company, except a special purpose company

$200

(c) a special purpose company

$36

(d) a registered scheme

$900

(e) a small transferring financial institution, except a special purpose company

$200

7A

On lodging the annual return of a proprietary company that was registered during the period commencing on 1 July and ending at the end of 31 December in a year, if the annual return is for the calendar year in which the company was registered

no fee

7B

On lodging the annual return of a proprietary company if:

(a) the company was registered during the period commencing on 1 January 1995 and ending at the end of 30 June 1995; and

(b) the first financial year of the company ends after 30 June 1995; and

(c) the annual return is for the calendar year in which the company was registered

no fee

8

On lodging the first annual return of a company registered under section 118 after the company has ceased to act solely as the trustee of a regulated superannuation fund within the meaning of section 19 of the Superannuation Industry (Supervision) Act 1993, in addition to the fee payable under paragraph 7 (a) or 7 (b):

(a) if the application to register the company was lodged on or after 11 March 1994 and before 1 April 1995

$600

(b) in any other case

no fee

9

On lodging an annual return or balance sheet and profit and loss account of a registered foreign company under section 601CK

$900

Fund raising

9A

On lodging a report under section 319:

(a) by a disclosing entity, except a company or registered scheme

$900

9B

On lodging a report under section 320

no fee

9E

On lodging, by a manager, accounts and other documents referred to in subsection 323K (1) relating to a disclosing entity

no fee

10

On lodging, under section 718, a disclosure document that is:

(a) a prospectus

$1 800

(b) a profile statement

$1 800

(c) an offer information statement

$1 800

10A

On lodging, under section 719, a supplementary or replacement document

no fee

Charges

13

On lodging a notice under section 263 or 264

$120

14

On lodging a notice under section 268 or a memorandum under subsection 269 (2)

$60

Futures and Securities Industry bodies

15

On application for:

(a) a declaration under subsection 771 (1) by the Minister that a specified stock market is an exempt stock market; or

(b) a declaration under subsection 1127 (1) by the Minister that a specified futures market, or a futures market included in a specified class of futures markets, is an exempt futures market

$1 200

16

On lodging an application for approval of a body corporate as:

(a) a stock exchange; or

(aa) a securities clearing house; or

(b) an approved securities organisation; or

(c) a futures exchange; or

(d) a futures clearing house; or

(e) a futures association

$1 200

16A

On lodging an application for approval of a section 770A stock market

$1 200

17

On giving notice:

(aaa) under paragraph 774 (1) (a), as applied by subregulation 7.3.17 (2) of the Corporations Regulations, of an amendment, or amendments, to the business rules of a management company in relation to unquoted prescribed interests; or

(a) under subsection 774 (1) of an amendment, or amendments, of the business rules or listing rules of a securities exchange; or

(aa) under subsection 779C (1), of an amendment, or amendments, of the business rules of a securities clearing house; or

(b) under subsection 928 (1) of an amendment, or amendments, of the business rules of a body corporate in relation to which a nomination as the Securities Exchange Guarantee Corporation is in force under subsection 67 (1) of the Act; or

(c) under subsection 1136 (1) of an amendment, or amendments, of the business rules of a futures exchange, futures clearing house or futures association

$120

Acquisition of shares

17A

On lodging, by a securities exchange, a statement referred to in subsection 776 (2A) relating to contraventions of the exchange’s business rules or listing rules, or of the Corporations Law

no fee

18

On lodging, under subsection 633 (1), a copy of the bidder’s statement, and of the offer document, for an off-market bid

$1 800

19

On lodging, under paragraph 650D (1) (b), a notice

$900

20

On lodging, under section 635, a copy of the bidder’s statement for a market bid

$900

21

On lodging, under paragraph 647 (3) (a), a supplementary statement

no fee

Other applications

22

On lodging an application:

(a) for the consent of the Minister under subsection 147 (2) or 601DC (2) to the use of a name by a corporation or proposed corporation; or

(b) under section 601QA, 260MA, 655A, 669, 673 or 741

$300

23

On lodging an application:

(a) for ASIC to exercise a power under section 601AE or 601AF; or

(b) under Chapter 6, 6A, 6B or 6C for which a fee is not provided by any other item

$210

24

On application:

(a) under section 111AT, paragraph 157 (1) (b) or section 340; or

(b) for the exercise by ASIC of its power under subsection 150 (1)

$120

25

On application:

(a) under subsection 163 (1); or

(b) under Chapter 2L, 5C or 6D for which a fee is not provided by any other item

$60

26

On lodging an application for the reservation of a name or for the extension of a reservation of a name

$36

27

On lodging an application for which a fee is not provided by any other item

$30

Late lodgment

28

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

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

$60

(b) if lodged more than one month after the prescribed time

$240

Supply of information and documents

29

For a document issued or displayed by ASIC containing information relating to a single corporation or registered scheme, if the information is retrieved using a computer system:

(a) if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, 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 by subscription:

  • (i)

    if the document contains only current information

no fee

  • (ii)

    if the document contains both current and non-current information

$16

(b) in any other case:

  • (i)

    if the document contains only current information

$8

  • (ii)

    if the document contains both current and non-current information

$16

30

For inspecting, or an enquiry involving the inspection of, documents that are lodged by or in relation to a particular corporation or registered scheme:

(a) where the documents are reproduced using a computer system:

  • (i)

    for less than 10 pages

$16

  • (ii)

    for 10 pages or more

$30

(b) in any other case

$16

30A

For an electronic transmission notifying a change in the information relating to an entity, in addition to any fee payable under item 29 or paragraph 30 (a)

$8

31

For inspecting, or an enquiry involving an inspection of, the Register of Licence Holders, the Register of Futures Licensees, the Register of Auditors, the Register of Liquidators, or the Register of Official Liquidators:

(a) if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, 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 by subscription

no fee

(b) in any other case

$8

32

For inspecting, or an enquiry involving the inspection of, the Australian Register of Company Charges and documents lodged by a particular corporation and used by ASIC to compile or maintain that Register, where documents are reproduced using a computer system:

(a) for less than 10 pages

$16

(b) for 10 pages or more

$30

33

For the issue of a document relating to

  recorded entries about a corporation or a registered scheme, or a director or secretary of a company, on all registers maintained using a computer system:

(a) if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, 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 by subscription

no fee

(b) in any other case

$30

34

For a certificate issued by ASIC, except a certificate issued under:

(a) paragraph 118 (1) (c), section 160, subsection 164 (6), subsection 165 (5), paragraph 601BD (1) (c) or subsection 601CU (1), 1280 (5), 1282 (6) or 1283 (2); or

(b) regulation 10.1.06 of the Corporations Regulations

$16

35

For supplying a certified copy of, or a certified copy of an extract from, a document filed or lodged with ASIC, in addition to the fee payable under item 30, 31 or 32

$16

36

For the production by ASIC, pursuant to a subpoena, of a document in its custody

$30

37

Where the inspection of a register or the issue or display of a document occurs at a Business Centre of ASIC, in addition to the fee payable under item 29, 30, 31, 32 or 33

$2

Other matters

39

On lodging any document under Chapter 2L, 5C, 6D, 7 or 8 if no fee is prescribed in relation to the document in any other item, except where no fee appears in column 3 of an item in relation to the document

$30

40

For any act that ASIC is required or authorised to do on the request of a person, if no fee is prescribed in relation to the act, except:

(a) an act under section 601AE or 601AF; or

(b) where no fee appears in column 3 of an item in relation to the act

$30

41

For the preparation by ASIC of the statement referred to in paragraph 411 (17) (b)

$120

42

On submitting a proposed statement under subsection 412 (1) to ASIC for examination

$600

43

On lodging, by an unlisted disclosing entity, a document referred to in subsection 1001B (1) relating to price sensitive information

no fee

Notes to the Corporations (Fees) Regulations 1990

Note 1

The Corporations (Fees) Regulations 1990 (in force under the Corporations Act 1989) as shown in this compilation comprise Statutory Rules 1990 No. 456 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

1990 No. 456

21 Dec 1990

18 Dec 1990

1992 No. 236

29 July 1992

1 Aug 1992

—

1993 No. 242

22 Sept 1993

1 Oct 1993

—

1994 No. 34

11 Mar 1994

11 Mar 1994

—

1994 No. 199

22 June 1994

1 July 1994

—

1994 No. 303

2 Sept 1994

2 Sept 1994

—

1994 No. 422

23 Dec 1994

5 Jan 1995 (see r. 1.1)

—

1995 No. 124

9 June 1995

1 July 1995

—

1995 No. 346

23 Nov 1995

9 Dec 1995

—

1996 No. 251

19 Nov 1996

1 Dec 1996

—

1997 No. 130

17 June 1997

1 Aug 1997

—

1998 No. 184

30 June 1998

Rr. 4.4, 4.8, 4.23 and 4.32: (a)

Remainder: 1 July 1998 (see r. 1.1 and Gazette 1998, No. S317)

—

1998 No. 295

7 Sept 1998

7 Sept 1998

—

2000 No. 12

10 Mar 2000

13 Mar 2000

—

2000 No. 38

29 Mar 2000

1 July 1999

—

2000 No. 97

9 June 2000

1 July 2000

—

2001 No. 194

13 July 2001

15 July 2001 (see r. 1A)

—

(a) Subregulation 1.2 of Statutory Rules 1998 No. 184 provides as follows:

1.2 Subregulations 4.4, 4.8, 4.23 and 4.32 commence on the commencement of the Managed Investments Act 1998.

The Managed Investments Act 1998 commenced immediately after the commencement of all the items in Schedules 1–4 of the Company Law Review Act 1998. 

Schedules 1–4 commenced on 1 July 1998 (see Gazette 1998, No. S317).

Table of Amendments

    ad. = added or inserted

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

Provision affected

How affected

R. 1.........................................

rs. 1998 No. 295

Heading to r. 2A....................

rs. 2000 No. 38

R. 2A.......................................

ad. 1998 No. 184

am. 2000 No. 38

R. 3.........................................

rs. 1994 Nos. 199 and 303

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

rs. 1992 No. 236

am. 1993 No. 242; 1994 No. 34

rs. 1994 No. 199

am. 1994 Nos. 303 and 422; 1995 Nos. 124 and 346; 1996 No. 251; 1997 No. 130; 1998 Nos. 184 and 295; 2000 Nos. 12, 38 and 97

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