Corporations Regulations (Amendment) (Cth)

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Statutory Rules 1994

No. 251 1

__________________

Corporations Regulations 2(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, make the following Regulations under the Corporations Act 1989.

Dated 6 July 1994.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

  

M. LAVARCH

Attorney-General

____________

1.Commencement

1.1 These Regulations commence on 15 July 1994.

2.   Amendment

2.1   The Corporations Regulations are amended as set out in these Regulations.

3.   New Part 9.4A

3.2   After Part 9.4, insert:

“PART 9.4A—REGISTER AND INDEX

Interpretation

9.4A.01. In this Part, unless the contrary intention appears:

“index” means an instrument, prepared for the purposes of subsection 1306 (4) of the Corporations Law, that is an index of members of a corporation;

“issuing body” has the same meaning as it has in Division 3 of Part 7.13 of the Corporations Law;

“register” means an instrument, prepared for the purposes of subsection 1306 (4) of the Corporations Law, that is any of the following:

  • (a)

    register of members of a corporation;

  • (b)

    register of holders of debentures of a corporation;

  • (c)

    register of holders of prescribed interests of a corporation;

  • (d)

    register of holders of options of a corporation.

Register and index must be kept up to date: subsection 1306 (4A) of the Corporations Law

9.4A.02.(1) A corporation that is an issuing body must ensure that its registers and index (if any) are, at any time, not more than 20 business days out of date.

 “(2) If a person notifies a corporation that is an issuing body that the person wishes to inspect a register or index of the corporation, the corporation must ensure that, at the beginning of the business day following the day on which it receives the notice, the register or index that the person wishes to inspect is not more than 5 business days out of date.”.

4.Schedule 2

4.1 Forms 205 and 206:

Omit the forms, substitute:

FORM 205

FORM 205—continued

FORM 206

FORM 206—continued

NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 July 1994.

2. Statutory Rules 1990 No. 455 as amended by 1991 Nos. 218, 219, 281, 341, 453, 478 and 479; Act No. 200, 1991; Statutory Rules 1992 Nos. 230, 281, 364, 395 and 450; 1993 Nos. 135, 207 and 277; 1994 Nos. 34, 108, 153 and 221.

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