Document ID: chunk:federal_register_of_legislation:C2024C00492:front:0:p29
Version: federal_register_of_legislation:C2024C00492
Segment Type: other
Provision Reference: 
Character Range: 80684–83650

to the grant of the application has been made under subsection 29‑18(3) and the objection has not been withdrawn.
 (5) In addition to the matters referred to in subsection (2), the Registrar may have regard to the following matters in deciding whether to grant the application:
 (a) the size and complexity of the operations of the amalgamating corporations;
 (b) whether there are any unresolved disputes:
 (i) internal to the operation of any of the amalgamating corporations; or
 (ii) between any of the amalgamating corporations and other persons; or
 (iii) about whether the amalgamated corporation should replace the amalgamating corporations;
 (c) the extent to which the amalgamating corporations, and the officers of the amalgamating corporations, have complied with this Act and the regulations;
 (d) the nature of any services provided by the amalgamating corporations and the people to whom those services are provided;
 (e) the capacity of the amalgamating corporations, and their officers, to make an application to the Court for orders under Part 5.1 of the Corporations Act (as applied by Division 45 of this Act);
 (f) whether it would be desirable for a court to supervise the process of the amalgamated corporation replacing the amalgamating corporations;
 (g) whether the amalgamating corporations have different member liability arrangements;
 (h) any other matter the Registrar considers relevant.
Note: If the Registrar decides not to grant the application, the amalgamation may be able to be achieved by applying to the Court for orders under Part 5.1 of the Corporations Act (as applied by section 45‑1 of this Act).

26‑5  Registrar may grant application if application is incomplete etc.
  Despite paragraphs 26‑1(2)(a), (b), (ba) and (bb), the Registrar may grant the application even if the application for registration:
 (a) is incomplete or contains errors (as long as the applicant has provided his or her name and address in the application); or
 (b) some or all of the material required to accompany the application under section 21‑5, section 22‑5 or 23‑5 is not provided, is incomplete or contains errors.

26‑10  Registrar may grant application if some basic requirements are not met

Circumstances when Registrar may register corporation
 (1) Despite paragraph 26‑1(2)(c), the Registrar may grant the application even if the Registrar is not satisfied that the corporation, on registration, would meet:
 (a) the minimum number of members requirement; or
 (b) the age of members requirement; or
 (c) the pre‑incorporation requirement; or
 (d) the pre‑transfer of registration requirement; or
 (e) the creditor notice requirements; or
 (f) the pre‑amalgamation requirements.

Registrar not to register body in certain circumstances
 (2) However, the Registrar must not grant the application and register an Aboriginal and Torres Strait Islander corporation if, on registration, the corporation would not meet:
 (a) the Indigeneity