Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 289

Place where records are kept

             (1)  A company, registered scheme or disclosing entity may decide where to keep the financial records.

Records kept outside this jurisdiction

             (2)  If financial records about particular matters are kept outside this jurisdiction, sufficient written information about those matters must be kept in this jurisdiction to enable true and fair financial statements to be prepared. The company, registered scheme or disclosing entity must give the Registrar notice of the place where the information is kept. The notice must meet any requirements of the data standards.

          (2A)  An offence based on subsection (2) is an offence of strict liability.

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

             (3)  ASIC may direct a company, registered scheme or disclosing entity to produce specified financial records that are kept outside this jurisdiction.

             (4)  The direction must:

                     (a)  be in writing; and

                     (b)  specify a place in this jurisdiction where the records are to be produced (the place must be reasonable in the circumstances); and

                     (c)  specify a day (at least 14 days after the direction is given) by which the records are to be produced.



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