Document ID: chunk:federal_register_of_legislation:C2025C00185:section:163:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 163 (pt 2/3)
Character Range: 519244–521840

(iii) the amount (if any) the person will pay for the shares;
 (iv) the amount (if any) that will be unpaid on the shares; and
 (b) the number and class of shares those persons will take up; and
 (c) the amount (if any) those persons will pay for the shares; and
 (ca) the amount (if any) that will be unpaid on the shares; and
 (d) if the shares will be issued for non‑cash consideration—the prescribed particulars about the issue of the shares, unless the shares will be issued under a written contract and a copy of the contract is lodged with the application; and
 (e) that each of those persons who is not a member of the company when the application is made consents in writing to the inclusion in the list of the details about them that are referred to in paragraph (a).
The shares may be issued to existing members only, to new members only or to existing and new members.
Note: An offer of shares associated with a proposed change of type may need disclosure to investors under Part 6D.2 (see sections 706, 707, 708, 708AA and 708A).
 (3A) For a company changing to a proprietary company, if any of the particulars in the register kept by the company under section 169 and mentioned in paragraph 178A(1)(b) are different from the particulars set out:
 (a) in the latest extract of particulars received by the company; or
 (b) if the company responded to the latest extract it received—in the company's extract taken together with the company's response to the extract;
the application must set out those different particulars in addition to the other information required by this section.
 (3B) If the company has more than 20 members, the company is only required to set out the different particulars under subsection (3A) that relate to a person who is a top 20 member of a class of the company.
Note: See also section 107.
 (3C) If subsection (3A) applies and any details mentioned in subsection 178C(1) are different from the details set out:
 (a) in the latest extract of particulars received by the company; or
 (b) if the company responded to the latest extract it received—in the company's extract taken together with the company's response to the extract;
the application must set out those different details as well.
 (4) The application must meet any requirements of the data standards.
 (5) The company must have the consents referred to in paragraph (3)(e) (if any) when the application is lodged. The company must keep the consents.
 (6) An offence based on subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.