CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 2K - CHARGES
PART 2K.2 - REGISTRATION
History
Div 2 renumbered to Pt 2K.2 by No 61 of 1998, Sch 3 (effective 1 July 1998).
SECTION 275
CHARGES OF COMPANY EXISTING BEFORE 1 JANUARY 1991
History
Heading amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
275(1)
[Application]
This section applies where a body corporate is taken to be registered as a company according to section 1362CB.
History
S 275(1) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 275(1) substituted by No 110 of 1990, Sch 1 (effective 18 December 1990).
275(2)
[Application of this Chapter from registration day]
On and after 1 January 1991, this Chapter (other than this section) applies in relation to the company, with such modifications as the circumstances require, as if:
(a)
the company had always been a company as defined in section 9;
(b)
this Law had always been in operation;
(c)
an act or thing done by or in relation to the company under, or for the purposes of, a previous law of this jurisdiction corresponding to a provision of this Chapter had been done under, or for the purposes of, that provision; and
(d)
a reference in this Chapter to the Register included a reference to a register of company charges kept under a previous law of this jurisdiction corresponding to section 265.
History
S 275(2) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 275(2) amended by No 201 of 1991, Sch 4 (effective 1 January 1991).
S 275(2) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
275(3)
[Exemption from contravention]
Nothing in subsection (2) makes a person guilty of a contravention of this Law in respect of an act or thing done, or an omission made, when the company was not a company as defined in section 9.
History
S 275(3) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
275(4)
[Registered charges before 1 January 1991]
Subsection (5) applies to each charge on property of the company that, immediately before 1 January 1991, was registered under a previous law of this jurisdiction corresponding to this Part.
History
S 275(4) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 275(4) amended by No 201 of 1991, Sch 4 (effective 1 January 1991).
S 275(4) substituted by No 110 of 1990, Sch 1 (effective 18 December 1990).
275(5)
[Deemed entry according to subsec 265(2)]
At the beginning of 1 January 1991:
(a)
there are taken to be entered in the Register the time and date, and the particulars, entered in relation to that charge in the Register kept under that corresponding previous law; and
(b)
the time and date, and the particulars, are taken to have been entered in the Register in accordance with subsection 265(2).
History
S 275(5) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 275(5) inserted by No 110 of 1990, Sch 1 (effective 18 December 1990).