Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p75
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 75/212)
Character Range: 197455–200371

stating that a specified body corporate has been registered as a company under that or another corresponding previous law is conclusive evidence:

  (a) that:

         (i) all the requirements of the law concerned in respect of registration of the body corporate under that law; and

         (ii) all matters precedent and incidental to the registration of the body corporate under that law;

     have been complied with; and

     (b) that the body corporate referred to in the certificate was duly registered as a company under that law and was taken to be a company duly incorporated under that law.".

Subsection 150 (1):

  Insert "or taken to be registered" after "registered" (first occurring).

Subsection 150 (2):

  Omit "by force of this subsection,".

Subsection 150 (3):

  Omit the subsection, substitute:

"(3) The body is taken to be a company duly incorporated under this Law.".

Subsections 150 (4) and (5):

  Omit the subsections.

SCHEDULE 1—continued

Paragraphs 152 (2) (a) and (b) and (3) (b):

  Before "law" insert "previous".

After subsection 152 (3):

  Insert:

"(3a) A Division 4 company that, immediately before its registration day:

     (a) kept a register in accordance with a law corresponding to a provision referred to in paragraph (1) (a); or

     (b) kept books for the purpose of complying with a law corresponding to section 258;

is taken to have complied with paragraph (1) (a) or (c) in relation to that register or those books, as the case may be.

"(3b) Without limiting the generality of paragraph (1) (b), a Division 4 company that, immediately before its registration day:

   (a) kept a register as mentioned in paragraph (3a) (a); and

     (b) was required by a law corresponding to a provision of this Law to include particular information in that register;

must so include the information within 14 days after that day.".

Division 6 of Part 2.2:

  Repeal the Division.

Division 7 of Part 2.2:

  Repeal the Division.

Subsection 161 (1):

  Omit "Australia" (wherever occurring), substitute "this jurisdiction".

Paragraph 161 (2) (a):

  Omit "Act", substitute "Law".

Section 163:

  Repeal the section.

Paragraph 164 (3) (b):

  Before "law" insert "previous".

Paragraphs 165 (1) (d) and (e):

  Before "law" insert "previous".

Subsection 165 (2):

  Before "law" (first occurring) insert "previous".

SCHEDULE 1—continued

After section 166:

  Insert the following section in Division 1 of Part 2.3:

Recognition of companies from other jurisdictions

"166a. (1) A recognised company has in this jurisdiction the same legal personality, capacity, powers and status as if it were a company.

"(2) Without limiting the generality of subsection (1), a recognised company has power to hold land in this jurisdiction.

"(3) Subsection (1) does not impose on a recognised company an obligation that it would not have if that subsection had not been