Corporations Act 2001
CHAPTER 10
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TRANSITIONAL PROVISIONS
PART 10.1
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TRANSITION FROM THE OLD CORPORATIONS LEGISLATION
Division 5
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Other specific transitional provisions
SECTION 1389
EVIDENTIARY CERTIFICATES
1389(1)
A certificate by ASIC (whether issued before or after the commencement) stating that a company was registered under the old Corporations Law of a State or Territory in this jurisdiction is conclusive evidence that:
(a) all requirements of that Law for the company's registration were complied with; and
(b) the company was duly registered as a company under that Law on the date (if any) specified in the certificate.
1389(2)
A certificate issued before the commencement under pre-Corporations Law legislation (see subsection (3)) by the authority responsible for administering that legislation stating that a body was registered as a company under that legislation or other pre-Corporations Law legislation is conclusive evidence that:
(a) all requirements of that legislation for the company's registration were complied with; and
(b) the company was duly registered as a company under that legislation on the date (if any) specified in the certificate. 1389(3)
In subsection (2):
A certificate by ASIC (whether issued before or after the commencement) stating that a company was registered under the old Corporations Law of a State or Territory in this jurisdiction is conclusive evidence that:
(a) all requirements of that Law for the company's registration were complied with; and
(b) the company was duly registered as a company under that Law on the date (if any) specified in the certificate.
[ CCH Note: S 1389(1) will be amended by No 69 of 2020, s 3, Sch 1[1290], by inserting " or the Registrar " after " ASIC " (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
A certificate issued before the commencement under pre-Corporations Law legislation (see subsection (3)) by the authority responsible for administering that legislation stating that a body was registered as a company under that legislation or other pre-Corporations Law legislation is conclusive evidence that:
(a) all requirements of that legislation for the company's registration were complied with; and
(b) the company was duly registered as a company under that legislation on the date (if any) specified in the certificate. 1389(3)
In subsection (2):
pre-Corporations Law legislation
means legislation that was, for the purposes of the old Corporations Law of a State or Territory in this jurisdiction, a corresponding previous law in relation to that old Corporations Law.
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