Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 246F

Company must lodge documents and resolutions with ASIC

             (1)  A company must lodge with ASIC a notice in the prescribed form setting out particulars of any of the following:

                     (a)  a division of shares in the company into classes if the shares were not previously so divided;

                     (b)  a conversion of shares in a class of shares in the company into shares in another class.

Note:          A proprietary company may also have to notify certain particulars under Part 2C.2.

             (2)  The notice must be lodged within 14 days after the division or conversion.

             (3)  A public company must lodge with ASIC a copy of each document (including an agreement or consent) or resolution that:

                     (a)  does any of the following:

                              (i)  attaches rights to issued or unissued shares;

                             (ii)  varies or cancels rights attaching to issued or unissued shares;

                            (iii)  varies or cancels rights of members in a class of members of a company that does not have a share capital;

                            (iv)  binds a class of members; and

                     (b)  is not already lodged with ASIC.

This also applies to a proprietary company that has applied under Part 2B.7 to change to a public company, while its application has not yet been determined .

          (3A)  An offence based on subsection (1) or (3) is an offence of strict liability.

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

             (4)  The document must be lodged within 14 days after it is made. The resolution must be lodged within 14 days after it is passed.



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