Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:2:p12
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 2 (pt 12/20)
Character Range: 80534–83363

omitting sub-section (2) and substituting the following sub-section:
    "(2) Notwithstanding sub-section (1), a name—
         (a) that, in the opinion of the Commission, so closely resembles a name that is reserved or registered under this Division as to be likely to be mistaken for it;

         (b) that is, in the opinion of the Commission, undesirable; or
         (c) that is a name, or a name of a kind, that the Ministerial Council has directed the Commission not to accept for registration,
    shall be taken to be available for reservation in the Territory in relation to a corporation or intended corporation if the Ministerial Council has consented to the name being reserved or registered under this Division in respect of that corporation or intended corporation."; and
    (b) by adding at the end thereof the following sub-section:
    "(5) For the purposes of section 537, sub-section (2) of this section shall be taken to provide for the review by the Ministerial Council of decisions of the Commission made under paragraph (1) (a) or (b) of this section.".

Alterations of provisions of memorandum
88. Section 73 of the Principal Act is amended by inserting in sub-section (11) "as provided by sub-section (1) or (2)" after "company".

Copies of memorandum and articles
89. Section 79 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
"(1) A company shall, on being so required by a member, send to him a copy of the memorandum and of the articles (if any) of the company—
    (a) if the company requires the payment of an amount not exceeding the prescribed amount—within 21 days after the payment is received by the company or within such longer period as the Commission approves; or
    (b) in a case to which paragraph (a) does not apply—within 21 days after the request was made or within such longer period as the Commission approves.".

Application by recognized company for registration under Division
90. Section 84 of the Principal Act is amended—
    (a) by omitting from sub-paragraph (2) (b) (i) "and"; and
    (b) by inserting after sub-paragraph (2) (b) (i) the following sub-paragraph:
         "(ia) notice in the prescribed form of the address of the proposed registered office of the recognized company in the Territory; and".

Application by foreign company for registration under Division
91. Section 85 of the Principal Act is amended—
    (a) by omitting from paragraph (4) (f) "and"; and
    (b) by inserting after paragraph (4) (f) the following paragraph:
         "(fa) notice in the prescribed form of the address of the proposed registered office of the corporation in the Territory; and".

Redeemable preference shares
92. Section 120 of the Principal Act is amended by omitting from sub-section (8) "specifying the shares