Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p36
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 87434–90268

the transaction of business outside the Territory".

Certificate authorizing application for transfer of incorporation
38. Section 83 of the Principal Act is amended—
     (a) by omitting sub-paragraph (2) (b) (ii) and substituting the following sub-paragraph:
          "(ii) a report in the prescribed form as to affairs of the company, made up to the latest practicable date before the making of the application, showing the assets and liabilities of the company."; and

     (b) by omitting from paragraph (5) (b) "the property or part of the".

Application by foreign company for registration under Division
39. Section 85 of the Principal Act is amended by omitting sub-paragraph (3) (a) (iii).

Establishment of registers and minute books
40. Section 91 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (a) "and 256" and substituting ", 256 and 261"; and
     (b) by omitting from paragraph (2) (a) "or 257 (3)" and substituting ", 257 (3) or 261 (11)".

Interpretation
41. Section 94 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(4) Where a prospectus in respect of a recognized company or recognized foreign company has been registered under the corresponding law of the participating State or participating Territory in which that recognized company or recognized foreign company is incorporated or registered, that prospectus shall, for the purposes of this Act, be deemed to have been registered by the Commission under this Act and anything required to be done before registration under this Act shall be deemed to have been done.".

Forms of application for shares or debentures to be attached to prospectus
42. Section 96 of the Principal Act is amended by omitting from sub-section (1) all the words after "Act".

Invitations or offers in relation to borrowings by a corporation
43. Section 97 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (a) all the words after "Act";
     (b) by omitting paragraph (7) (a); and
     (c) by inserting in sub-paragraph (7) (c) (iii) "a banking corporation, or" after "is".

Certain notices, &c., not to be published
44. Section 99 of the Principal Act is amended by omitting from sub-section (1) the definition of "registered prospectus".

Certain reports referring to prospectuses not to be published
45. Section 100 of the Principal Act is amended by omitting from sub-section (1) the definition of "registered prospectus".

Registration of prospectuses
46. Section 103 of the Principal Act is amended by omitting from sub-section (1) all the words after "Act".

Repeal of section 109
47. Section 109 of the Principal Act is repealed.

Restriction on application of capital of company
48. Section 116 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "or 118";