Commonwealth Consolidated Acts

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Using a name and ARBN

Requirements for bodies that are not Australian ADIs

             (1)  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.

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

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

Where information to be set out

             (2)  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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