Companies (Transitional Provisions) Regulations

Companies (Transitional Provisions) Regulations

Statutory Rules 1982 No. 122 as amended

made under the

Companies (Transitional Provisions) Act 1981

This compilation was prepared on 24 August 2001

[Note:  The enabling legislation for these Statutory Rules was repealed by Act No. 55 of 2001]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Notice relating to continuation of registration of a foreign company             

Schedule Companies (Transitional Provisions) Form 

Notes 

1 Citation [see Note 1]

  These Regulations may be cited as the Companies (Transitional Provisions) Regulations.

2 Interpretation

 (1) In these Regulations, the Act means the Companies (Transitional Provisions) Act 1981.

 (2) In the form in the Schedule, unless the contrary intention appears, a reference to a section or subsection shall be taken as a reference to that section or subsection of the Act.

3 Notice relating to continuation of registration of a foreign company

  A notice lodged under sub-section 30 (2) of the Act shall be in accordance with the form in the Schedule.

Schedule Companies (Transitional Provisions) Form

(regulation 3)

(subsection 30 (2))

COMPANIES (TRANSITIONAL PROVISIONS) FORM

Registered no.:

Companies (Transitional Provisions) Act 1981

NOTICE LODGED BY FOREIGN COMPANY RELATING TO ITS REGISTRATION

 ......................................…………….. Limited, a corporation formed outside Australia and the external Territories, being, under subsection 30 (1), deemed to be registered as a foreign company under the Companies Act 1981, gives notice that:

 * it wishes to continue to be registered as a foreign company under that Act.

 * it does not wish to continue to be registered as a foreign company under that Act and wishes to be registered as a foreign company under the law of (1)

 ......................................................................…

   Signature of *director/*secretary/*principal

 executive officer

‑‑‑‑‑‑‑‑‑‑‑

* Strike out if inapplicable.

(1) Specify a participating State or participating Territory, being a State or Territory under the law of which the corporation was registered as a foreign company immediately before the commencement of the Companies Act 1981. Under subsection 30 (3), a State or Territory cannot be specified if the corporation has specified a different State or Territory in a notice under a provision of the law of a participating State or participating Territory corresponding to subsection 30 (2).

Notes to the Companies (Transitional Provisions) Regulations

Note 1

The Companies (Transitional Provisions) Regulations (in force under the Companies (Transitional Provisions) Act 1981) as shown in this compilation comprise Statutory Rules 1982 No. 122 amended as indicated in the Tables below.

Table of Statutory Rules

(a) The form of introductory words used to make Statutory Rules 1982 No. 122 was as follows:

 WHEREAS it is provided by subsection 35 (2) of the Companies (Transitional Provisions) Act 1981 that the power of the Governor-General to make regulations under that Act shall be exercised only in accordance with advice that is consistent with resolutions of the Ministerial Council for Companies and Securities established by the Agreement made on 22 December 1978 between the Commonwealth and the States as amended by the Agreement made on 24 February 1981:

 AND WHEREAS the making of the following Regulations is in accordance with advice that is consistent with those resolutions:

 NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Companies (Transitional Provisions) Act 1981.