Corporations Act 2001
A foreign company that lodges a memorandum of appointment, or a power of attorney, that is duly executed by or on behalf of the foreign company and states the name and address of a person who is:
(a) a natural person or a company; and
(b) resident in this jurisdiction; and
(c) authorised to accept on the foreign company ' s behalf service of process and notices;
is taken to appoint that person as a local agent.
[ CCH Note: S 601CG(1) will be amended by No 69 of 2020, s 3, Sch 1 and [ 884], by inserting " with the Registrar " after " lodges " and " The lodgement must meet any requirements of the data standards. " at the end of subsection, (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
Where a memorandum of appointment, or a power of attorney, lodged under subsection (1) is executed on the foreign company ' s behalf, the foreign company must, unless it has already done so, lodge a copy, verified in writing in the prescribed form to be a true copy, of the document authorising the execution.
[ CCH Note 1: S 601CG(2) will be amended by No 69 of 2020, s 3, Sch 1, by omitting " , verified in writing in the prescribed form to be a true copy, " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S S 601CG(2A) will be inserted by No 69 of 2020, s 3, Sch 1 (effective 22 June 2022 or a day or days to be fixed by Proclamation). S S 601CG(2A) will read:
Lodgement of the copy must meet any requirements of the data standards.]
A copy lodged under subsection (2) is taken for all purposes to be the original of the document. 601CG(4)
A foreign company that appoints a local agent must lodge a written statement that is in the prescribed form and is made by the local agent.
[ CCH Note: S 601CG(4) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " a statement by the local agent. The statement must meet any requirements of the data standards " all the words after " lodge " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
A person whom a foreign company appoints as a local agent is a local agent of the foreign company until the person:
(a) ceases by virtue of section 601CH to be such a local agent; or
(b) dies or ceases to exist.
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