Document ID: chunk:federal_register_of_legislation:C2025C00185:section:601bc:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 601BC (pt 3/3)
Character Range: 2202215–2204550

company, the applicant must give the consents and agreements to the company. The company must keep the consents and agreements.
 (5A) An offence based on subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) The following documents must be lodged with the application:
 (a) a certified copy of a current certificate of the body's incorporation in its place of origin, or of a document that has a similar effect;
 (b) a certified printed copy of the body's constitution (if any);
 (d) any other documents that are prescribed;
 (e) any other documents that ASIC requires by written notice given to the body.
A document need not be lodged if ASIC already has the document and agrees not to require its lodgment.
 (7) The application must be accompanied by evidence that:
 (a) the body is not a Chapter 5 body corporate; and
 (b) no application to wind up the body has been made to a court (in Australia or elsewhere) that has not been dealt with; and
 (c) no application to approve a compromise or arrangement between the body and another person has been made to a court (in Australia or elsewhere) that has not been dealt with.
 (8) The application must be accompanied by evidence that under the law of the body's place of origin:
 (a) the body's type is the same or substantially the same as the proposed type specified in the application; and
 (b) if the members of the body have limited liability—the body's constitution defines how and to what extent that liability is limited; and
 (d) the transfer of the body's incorporation is authorised; and
 (e) the body has complied with the requirements (if any) of that law for the transfer of its incorporation; and
 (f) if those requirements do not include consent to the transfer by the members of the body—the members:
 (i) have consented to the transfer by a resolution that has been passed at a meeting by at least 75% of the votes cast by members entitled to vote on the resolution; and
 (ii) were given at least 21 days notice of the meeting and the proposed resolution.
 (9) The evidence lodged in accordance with subsections (7) and (8) must be satisfactory proof to ASIC of the matters referred to in those subsections.
Note: Section 1304 requires documents that are not in English to be translated into English.