Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p72
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 72/212)
Character Range: 189573–192512

this Law would, if the non-company".

Subsection 140 (1):

  Omit "foreign company", substitute "non-company".

Paragraph 140 (1) (b):

  Omit "Act", substitute "Law".

Division 4 of Part 2.2:

  Repeal the Division, substitute:

"Division 4—Registering recognised companies as companies

Recognised company may apply for registration

"142. (1) A recognised company may lodge an application to be registered as a company under this Division.

"(2) The Commission must grant an application under this Division if, and only if:

     (a) the Commission is satisfied that section 143 does not disentitle the applicant from being registered under this Division; and

SCHEDULE 1—continued

   (b) the application was made in accordance with section 144.

Externally-administered body corporate not to be registered

"143. A recognised company is not entitled to be registered under this Division if:

   (a) it is an externally-administered body corporate; or

     (b) an application has been made to a court (in Australia or elsewhere):

       (i) to wind up the recognised company; or

         (ii) for the approval of a compromise or arrangement between the recognised company and another person;

     and has not been dealt with.

Form and content of application

"144. (1) An application by a recognised company under section 142 must be in writing in the prescribed form and must be accompanied by:

     (a) a certificate issued to the recognised company, not earlier than one month before the date when the application is lodged, under the provisions of the Corporations Law of the recognised company's place of origin that correspond to Division 4a; and

     (b) evidence acceptable to the Commission that section 143 does not disentitle it from being registered under this Division; and

     (c) such other documents and information (if any) as are prescribed or as the Commission requires by written notice given to the recognised company.

  "(2) Where:

     (a) a document is required by or under subsection (1) to be lodged; and

     (b) the document has previously been lodged with the NCSC or the Commission; and

   (c) the Commission now has the document;

the Commission may dispense with the requirement.

Registration of applicant as a company

"145. (1) This section has effect where the Commission grants an application under this Division.

"(2) The Commission must register the applicant as a company by registering the application and must allot to the company a registration number distinct from the registration number of each body corporate (other than the company) already registered under this Part, Part 4.1 or a law corresponding to this Part or Part 4.1.

SCHEDULE 1—continued

"(3) The Commission must register the applicant as a company of whichever of the following classes:

  (a) a company limited by shares;

  (b) a company limited by guarantee;

  (c) a company limited both by shares and by