CORPORATIONS ACT 2001

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES  

PART 5B.3 - NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES  

SECTION 601DE   USING A NAME AND ARBN  

601DE(1)   Requirements for bodies that are not Australian ADIs.  

Subject to sections 601DF and 601DG , a registered Australian body or registered foreign company must set out the following on all its public documents and negotiable instruments published or signed in this jurisdiction:


(a) its name;


(b) either:


(i) the expression ``Australian Registered Body Number'' followed by the body's ARBN; or

(ii) if the last 9 digits of the body's ABN are the same, and in the same order, as the last 9 digits of its ARBN - the words ``Australian Business Number'' followed by the body's ABN;


(c) its place of origin;


(d) if the liability of its members is limited and this is not apparent from its name - notice of the limited liability of its members.

Paragraphs (c) and (d) do not apply to an Australian ADI.

Note: In any case where the body's ARBN would be used, the body's ABN may be used instead if section 1344 is satisfied.

601DE(1A)   [ Strict liability offence]  

An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

601DE(2)   Where information to be set out.  

Subject to sections 601DF and 601DG , the information required by paragraph (1)(b) must be set out with the company's or body's name, or 1 of the references to its name in the document or instrument. If the name appears on 2 or more pages of the document or instrument, this must be done on the first of those pages.


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