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 601BJ
ASIC MAY DIRECT COMPANY TO APPLY FOR COURT APPROVAL FOR MODIFICATIONS OF CONSTITUTION
601BJ(1)
ASIC may give the company a written direction to apply to the Court within a specified period for an order approving the modified constitution. 601BJ(2)
The Court may make an order:
(a) declaring that the company has complied with section 601BH ; or
(b) declaring that the company will comply with section 601BH if it makes further modifications of its constitution as specified in the order. 601BJ(3)
The company must lodge a copy of the order with ASIC within 14 days after the order is made.
601BJ(4)
An offence based on subsection (3) is an offence of strict liability.
ASIC may give the company a written direction to apply to the Court within a specified period for an order approving the modified constitution. 601BJ(2)
The Court may make an order:
(a) declaring that the company has complied with section 601BH ; or
(b) declaring that the company will comply with section 601BH if it makes further modifications of its constitution as specified in the order. 601BJ(3)
The company must lodge a copy of the order with ASIC within 14 days after the order is made.
[ CCH Note: S 601BJ(3) will be amended by No 69 of 2020, s 3, Sch 1[866], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
An offence based on subsection (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
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