Corporations Act 2001
CHAPTER 5B
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BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES
PART 5B.1
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REGISTERING A BODY CORPORATE AS A COMPANY
Division 1
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Registration
SECTION 601BA
BODIES CORPORATE MAY BE REGISTERED AS CERTAIN TYPES OF COMPANIES
601BA(1)
[
Company]
(a) a proprietary company limited by shares;
(b) an unlimited proprietary company with share capital;
(c) a public company limited by shares;
(d) a company limited by guarantee;
(e) an unlimited public company with share capital;
(f) a no liability company. 601BA(2) [ No liability company]
(a) the body has a share capital; and
(b) the body's constitution states that its sole objects are mining purposes; and
(c) under the constitution the body has no contractual right to recover calls made on its shares from a member who fails to pay them.
A body corporate that is not a company or corporation sole may be registered under this Act as a company of one of the following types:
(a) a proprietary company limited by shares;
(b) an unlimited proprietary company with share capital;
(c) a public company limited by shares;
(d) a company limited by guarantee;
(e) an unlimited public company with share capital;
(f) a no liability company. 601BA(2) [ No liability company]
A body corporate may be registered as a no liability company only if:
(a) the body has a share capital; and
(b) the body's constitution states that its sole objects are mining purposes; and
(c) under the constitution the body has no contractual right to recover calls made on its shares from a member who fails to pay them.
Note: Section 9 defines mining purposes and minerals .
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