Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p59
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 59/60)
Character Range: 328919–331579

for section 1367A of the Act.

Part 5.7B—Recovering property or compensation for the benefit of creditors of insolvent company

5.7B.01  Extension of temporary relief for insolvent trading safe harbour
  For the purposes of subparagraph 588GAAA(1)(b)(ii) of the Act, the period prescribed is the period starting on the day that section 588GAAA of the Act commenced and ending at the end of 31 December 2020.

Chapter 5B—Bodies corporate registered as companies, and registrable bodies

Part 5B.2—Registrable bodies

5B.2.01  Certified copies of certificates of incorporation etc
  For paragraphs 601CB(a) and 601CE(a) of the Act, a certified copy of a current certificate of the incorporation or registration in its place of origin, or a document of similar effect, of:
 (a) a registrable Australian body; or
 (b) a foreign company;
that is lodged with an application for registration under Division 1 or 2 of Part 5B.2 of the Act, must be a copy that:
 (c) within the 3 months immediately before the day on which it is lodged; or
 (d) if ASIC permits—within a longer period;
has been certified to be a true copy by a person:
 (e) who has the custody of the original document under a law in force in the place of origin of the corporation or company; and
 (f) who exercises under that law functions similar to those exercised by ASIC.

5B.2.02  Manner of certifying constituent documents
  For paragraphs 601CB(b) and 601CE(b) of the Act, a certified copy of a constitution of:
 (a) a registrable Australian body; or
 (b) a foreign company;
must be a copy that:
 (c) within the period of 3 months immediately preceding the day on which it is lodged; or
 (d) if ASIC permits—a longer period;
has been certified to be a true copy:
 (e) by a person:
 (i) to whom the custody of the original document is committed under a law in force in the place of origin of the corporation or company; and
 (ii) who exercises under that law functions similar to those exercised by ASIC; or
 (f) by a notary public; or
 (g) by a director or secretary of the body:
 (i) if the body is a registrable Australian body—by a statement in writing; or
 (ii) if the body is a foreign company—by affidavit.

5B.2.03  Manner of sending letters (Act ss 601CC(2) and 601CL(3))
  For subsections 601CC(2) and 601CL(3) of the Act, a letter must be sent by post.

5B.2.04  Manner of sending notices (Act ss 601CC(3) and 601CL(4))
  For subsections 601CC(3) and 601CL(4) of the Act, a notice must be sent by prepaid certified mail.

5B.2.05  Prescribed countries (Act s 601CDA(a))
  For paragraph 601CDA(a) of the Act, a country mentioned in the following table is prescribed:

Item  Country