Corporations Act 2001
[ CCH Note: S 143 heading will be amended by No 69 of 2020, s 3, Sch 1 [ 438], by substituting " THE REGISTRAR " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
A company that does not occupy the premises at the address of its registered office must be able to show to ASIC the occupier ' s written consent to the company ' s use of those premises as its registered office.
Note: ASIC can require the company to produce the consent (see section 100 ).
[ CCH Note: S 143(1) will be amended by No 69 of 2020, s 3, Sch 1 [ 439] and [ 440], by inserting " or the Registrar " after " ASIC " and " or the Registrar " after " ASIC " in the note, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
143(1A)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
143(2)
If ASIC becomes aware that the occupier of those premises:
(a) has not consented to the use of the premises as the address of the company ' s registered office; or
(b) has withdrawn the consent;
ASIC may give written notice to a director of the company who resides in this jurisdiction that ASIC intends to change the address of the company ' s registered office to the director ' s address.
[ CCH Note: S 143(2) will be amended by No 69 of 2020, s 3, Sch 1 [ 441], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
143(3)
If ASIC is not notified of the address of the company ' s proposed new registered office under subsection 142(2) within 28 days after the notice under subsection (2) is sent, ASIC may change the address of the company ' s registered office to the director ' s address.
[ CCH Note: S 143(3) will be amended by No 69 of 2020, s 3, Sch 1 [ 441], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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