Corporations Act 2001
This section applies to an eligible corporation that is registered as a company under Part 5B.1 for the purposes of section 1678A . 1678B(2)
ASIC must comply with subsections (3) and (4) of this section to the extent practicable, having regard to any information disclosed under section 1678C . Registration process 1678B(3)
On the registration of the company, ASIC must: (a) give the company an ACN; and (b) issue a certificate that states:
(i) the company ' s name (see subsection (4) of this section); and
(ii) the company ' s ACN; and
(iii) the company ' s type (see subsection 1678A(4) ); and
(iv) that the company is registered as a company under this Act; and
(v) that the company is taken to be registered in Norfolk Island; and
(vi) the date of the company ' s registration.
Note: The date of the company ' s registration is the commencement day (see subsection 1678A(2) ).Company name 1678B(4)
Despite section 601BF , ASIC must register the company with a name consisting of: (a) either:
(i) the corporation ' s name immediately before commencement; or
(b) the words required by subsection 148(2) or (3) . 1678B(5)
(ii) if that name is prescribed by regulations made for the purposes of paragraph 147(1)(c) as unacceptable for registration - a name that consists of the expression " Australian Company Number " followed by the company ' s ACN; and
If the company is registered with a name that is identical or nearly identical to a name that is reserved or registered for another body or entity under an Act covered by subsection (6), the company ' s registration with that name does not affect the availability of the name to the company or to the other body or entity under such an Act, despite any provision of such an Act to the contrary. 1678B(6)
The Acts covered by this subsection are: (a) this Act; (b) the Business Names Registration Act 2011 ; (c) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 . Company constitution 1678B(7)
The company ' s constitution on registration is the memorandum and articles of association of the corporation as in force immediately before commencement.
Note: Section 601BG (which deals with the constitutions of companies registered under Part 5B.1 ) does not apply to the company. But within 3 months after the date of registration, the company must modify its constitution to give effect to Part 5B.1 (see section 601BH ).Company directors 1678B(8)
If, immediately before commencement, a person who is a director of the corporation does not meet the requirements of section 201B , that person does not become a director of the company on its registration.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.