Corporations Act 2001
[ CCH Note: S 254Y heading will be amended by No 69 of 2020, s 3, Sch 1, by substituting " THE REGISTRAR " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
Within 1 month after shares are cancelled, the company must lodge with ASIC a notice in the prescribed form that sets out:
(a) the number of shares cancelled; and
(b) any amount paid by the company (in cash or otherwise) on the cancellation of the shares; and
(c) if the shares are cancelled following a share buy-back - the amount paid by the company (in cash or otherwise) on the buy-back; and
(d) if the company has different classes of shares - the class to which each cancelled share belonged; and
(e) if the company is a proprietary company that has made one or more CSF offers - whether the cancellation has resulted in the company ceasing to have any CSF shareholders.
Note: Provisions under which shares are cancelled include section 254J (redeemable preference shares), section 256B (capital reductions), subsection 257H(3) (shares a company has bought back), section 258D (forfeited shares), and subsections 258E(2) and (3) (shares returned to a company).
[ CCH Note: S 254Y(1) will be substituted by No 69 of 2020, s 3, Sch 1 [ 571] (effective 22 June 2022 or a day or days to be fixed by Proclamation). S 254Y(1) will read:
Within 1 month after shares are cancelled, the company must give a notice to the Registrar. The notice must meet any requirements of the data standards.]
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
[ CCH Note: The next Chapter is Ch 2J.]