Overseas Companies and Firms Regulations (Cth)

OVERSEA COMPANIES AND FIRMS REGULATIONS.

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Statutory Rules 1921, No. 14.(b)

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Short title

1.These Regulations may be cited as the Oversea Companies and Firms Regulations.

Definition.

2. In these Regulations, unless the contrary intention appears— “the Act” means the War Precautions Act Repeal Act 1920.

Particulars to be furnished by agent of oversea company.

3.In addition to the particulars required, by section 19 of the Act, to be furnished, the representative or agent of an oversea company shall furnish the following particulars:—

(a) (i) A copy of the charter, statute or memorandum and articles of association of the company or any other instrument constituting or defining the constitution of the company;

(ii) a copy of any alterations made in any such charter, statute, memorandum and articles of association or other instrument, and

(iii) if the charter, statute, memorandum and articles of association or other instrument or any alteration therein is not written in the English language, a translation thereof;

  

(a) Made under the War Precaution Act Repeal Act 1920 on 10th January, 1921.

(b) Made under the War Precaution Act Repeal Act 1920 on 20th January, 1921.

(b) the name of the place at which the company is incorporated;

(c) the name, address and nationality of each director of the company;

(d) the name and address of some person resident in the Commonwealth who is authorized to accept, on behalf of the company, service of process;

(e) a copy of the latest balance-sheet and profit and loss account of the company;

(f) a statement of the assets and liabilities in Australia (if any) of the company; and

(g) the addresses of the places in Australia at which it is proposed carry on the business of the company.

Provided that the representative or agent shall not be required to furnish more than once the particulars required to be furnished by paragraph (a) of this regulation.

Provided further that particulars of any alteration in the charter, statute, memorandum and articles of association or other instrument shall be furnished by the representative or agent within three months after the alteration is effected.

Particulars to be furnished by agent of oversea firm.

4. In addition to the particulars required, by section 19 of the Act, to be furnished, the representative or agent of an oversea firm shall furnish the following particulars:—

(a) The name and address of some person resident in the Commonwealth authorized to accept on behalf of the firm service of process;

(b) a copy of the latest balance-sheet and profit and loss account of the firm;

(c) a statement of the assets and liabilities in Australia (if any) of the firm; and

(d) the addresses of the places in Australia at which it is proposed to carry on the business of the firm.

Form in which particulars to be furnished.

5. The particulars required to be furnished under section 19 of the Act, by the representative or agent of an oversea company or firm, shall be furnished in a statutory declaration, in accordance with Form A or Form B in the Schedule to these Regulations, whichever is suitable.

Declarations where agent of oversea company or firm legally incapable of making declaration.

6.

(1) Where the representative or agent of an oversea company or firm is legally incapable of making a statutory declaration in accordance with the last preceding regulation, the statutory declaration may be made by the duly authorized agent of the representative or agent of the oversea company or firm.

(2) A Collector of Customs may require from any agent the production of his written authority, in accordance with Form C in the Schedule to these Regulations, from the representative or agent of the overseas company or firm for whom he claims to act, and, in default of the production of such authority, may refuse to recognise the agency.

THE SCHEDULE.

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Form A.

Commonwealth of Australia.

The Oversea Companies and Firms Regulations.

STATUTORY DECLARATION.

(1) Here insert Christian names (in full) and surname.

(2) Here insert full address.

(3) Here insert “the representative” or “the agent” as the case may be, or, where the declaration is made by a duly authorized agent (vide Reg. 6) “the duly authorized agent of (here insert name of representative or agent of oversea company).

(4) Here insert name of company.

(5) Here insert address of company.

(6) Here insert name of representative or agent of oversea company where declaration is made by authorized agent.

(7) Here insert name of place at which company is incorporated.

(8) Here insert description of the instrument constituting the company (vide Reg. 3).

(9) Here insert name, address, and nationality of each director.

(10) Here insert name and address of each Branch.

(11) Here insert name and address of person authorized.

(12) Here insert addresses of proposed places of business.

(13) Signature of person making the declaration.

(14) Signature of person before whom the declaration is made.

(15) Here insert title of person before whom the declaration is made That person must be a Police, Stipendiary, or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations.

I, (1)

of (2)

in the State of (3)

in Australia of (4)

do solemnly and sincerely declare as follows:—

1. The (4)  of (5)  (hereinafter referred to us “the company”) is a company of which I am (3)

(6) is

2. The company is incorporated at (7)

3. Attached hereto and marked with the letter “A” is a copy of (8)

4. Attached hereto and marked with the letter “B” is a copy of the alterations made to (8)

5. The amount of the capital of the company is

6. The Directors of the company are (9)

7. The branches of the company are (10)

8. (11)  is a person resident in the Commonwealth who is authorized to accept, on behalf of the company, service of process.

9. Attached hereto and marked with the letter “C” is a copy of the latest balance-sheet and profit and loss account of the company.

10. Attached hereto and marked with the letter “D” is a statement of the assets and liabilities, in Australia, of the company.

11. The places in Australia at which it is proposed to carry on the business of the company are (12)

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

(13) .......................................................

Declared at  on

The day of

One thousand nine hundred

and

Before me,

(14)

(15)

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years

Note.—This declaration should be addressed to the Collector of Customs in the State in which the representative or agent’s principal place of business is.

Form B

Commonwealth of Australia.

The Oversea Companies and Firms Regulation.

STATUTORY DECLARATION.

(1) Here insert Christian names (in full) and surname.

(2) Here insert full address,

(3) Here insert “the representative” or “the agent” as the case may be or where the declaration is made by a duly authorized agent (vide Reg.6) “the duly authorized agent of (here insert name of representative or agent of oversea firm).

(4) Here insert name of firm.

(5) Here insert address or firm.

(6) Here insert name of representative or agent of oversea firm where declaration is made by authorized agent.

(7) Here insert name, address and nationality of each member.

(8) Here insert name and address of each branch.

(9) Here insert name of person authorized.

(10) Here insert addresses of proposed places of business.

(11) Signature of person making the declaration.

(12) Signature of person before whom the declaration is made.

(13) Here insert title of person before whom the declaration is made. That person must be a Police, Stipendiary, or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations.

I, (1)

of (2)

in the State of  (3)

in Australia of (4)

do solemnly and sincerely declare as follows:—

1. The (4)  of (5)

(hereinafter referred to as “the firm”) is a firm of which I am (3) (6) is

2. The members of the firm are (7)

3. The amount of the capital of the firm is

4. The branches of the firm are (8)

5. (9)  is a person resident in the Commonwealth authorized to accept, on behalf of the firm, service of process.

6. Attached hereto and marked with the letter “A” is a copy of the latest balance-sheet and profit and loss account of the firm.

7. Attached hereto and marked with the letter “B” a statement of the asset and liabilities in Australia of the firm.

8. The places in Australia at which it is proposed to curry on the business of the firm are (10)

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911, conscientiously believing the statements contained therein to be true in every particular.

(11)

Declared at  on )

the day of

One thousand nine hundred and

Before me

(12)

(13)

Note—Any person who wilfully makes a false Statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

Note.—This declaration should be addressed to the Collector of Customs in the State in which the representative or agent’s principal place of business is.

 

Form C.

Commonwealth of Australia.

The Oversea Companies and Firms Regulations.

AUTHORITY TO AGENT TO SIGN DECLARATIONS.

(1) Here insert name of principal.

(2) Here insert name of authorized person.

(3) Here insert “company,” “corporation,” or as the case may be.

 (1)  hereby authorizes (2)   , whose signature appears below, to make as its agent Statutory Declarations prescribed by the Oversea Companies and Firms Regulations (Statutory Rules 192 , No.  ) made under the War Precautions Act Repeal Act 1920.

Dated the day of 19

In witness whereof the Common Seal of the (3)   was affixed hereto in the presence of  To the Collector of Customs at

Signature of person authorized.