Document ID: chunk:federal_register_of_legislation:C2004A04777:section:5:p11
Version: federal_register_of_legislation:C2004A04777
Segment Type: section
Provision Reference: s 5 (pt 11/16)
Character Range: 75770–78594

as a company under that Division; and

  (c) the day of commencement of the registration is the day (if any) specified as such in the certificate.".

7. Section 149:

  Repeal the section, substitute:

Evidentiary certificates

"149. A certificate under the Commission's common seal stating that a specified body corporate has been registered under Division 3 or Division 4 of Part 2.2 of the Corporations Law of this or another jurisdiction is conclusive evidence that:

  (a) all the requirements of that Law in respect of:

      (i) registration of the body corporate as a company under that Division; and

      (ii) matters preceding or incidental to the registration;

    have been complied with; and

  (b) the body corporate is duly registered as a company under that Division; and

    (c) the day of commencement of the registration is the day (if any) specified as such in the certificate.".

8. Paragraphs 167(1)(a), (b) and (c):

  Add at the end "and".

9. Subsection 167(1):

  Add at the end:

       "; and (f) a limited company that is a mining company may convert to a no liability company If all the shares in the company are fully paid up.".

SCHEDULE 8—continued

10. Subsection 272(4):

     (a) Omit "subsection (3)", substitute "subsection 272(3) of the Corporations Law of this or another jurisdiction".

     (b) Omit "this Division", substitute "Division 2 of Part 3.5 of that Law".

11. Subsection 382(2):

  Omit the subsection, substitute:

"(2) Subject to subsection 382A(1), the Commission must not approve a change of name of a company under subsection (1) of this section unless the proposed new name is reserved in respect of the company under section 375.".

12. After section 382:

  Insert:

Change of name to registration number

"382A.(1) Subsection 382(2) does not apply if the proposed new name consists only of the following:

  (a) first, the expression 'Australian Company Number';

  (b) next, the company's registration number;

     (c) next, the expression or expressions (if any) that section 368 requires to be included in the company's name.

"(2) If a company changes its name under section 382 to a name of the kind referred to in subsection (1) of this section, the Commission must:

  (a) register the new name in respect of the company; and

     (b) then cancel the registration, in respect of the company, of the name by which the company was registered before it changed its name.".

13. Heading to Part 7.2:

  Add at the end "AND STOCK MARKETS".

14. After section 770:

  Insert:

Approval of special stock markets for unquoted prescribed interests

"770A.(1) The management company in relation to unquoted prescribed interests may apply to the Commission in writing for approval by the Minister of a stock market on which the interests (whether or not they