Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 81

New companies
81. (1) A company incorporated under Division 1 of Part 2.2 is a new company
from its incorporation until the end of:

   (a)  if the statement that was lodged for the purposes of section 153 and
        relates to the company states as mentioned in subsection 153 (3) or
        (4)- 3 months beginning on the day:

        (i)    if the statement also states as mentioned in subsection 153 (2)
               and the company becomes dormant at its incorporation-when the
               company first ceases to be dormant; or

        (ii)   otherwise-of the company's incorporation;

   (b)  if the statement states as mentioned in subsection 153 (5) and the
        company lodges a statement in accordance with section 155:

        (i)    if the last-mentioned statement states to the effect that the
               company intends as mentioned in subsection 155 (4) or (5)- 3
               months beginning on the day specified under paragraph 155(3)
               (c);or

        (ii)   otherwise-the day on which the last-mentioned statement is
               lodged;

   (c)  if the first-mentioned statement states as mentioned in subsection 153
        (5) and the company contravenes section 155-the period within which
        the company is required to comply with that section; or

   (d)  otherwise-the day of the company's incorporation.

(2) A body corporate that is registered under Division 2 or 3 of Part 2.2 is a
new company from the start of the body's registration day until the end of:

   (a)  if the statement that was lodged for the purposes of section 154
and relates to the body states as mentioned in subsection 154(2), (3), (5) or
(6)- 3 months beginning:

        (i)    if the statement also states as mentioned in subsection 154 (4)
               and the body is dormant at the start of its registration day-on
               the day when the body first ceases to be dormant after that
               day; or

        (ii)   otherwise-on the body's registration day;

   (b)  if the statement states as mentioned in subsection 154 (7) and the
        body lodges a statement in accordance with section 155:

        (i)    if the last-mentioned statement states to the effect that the
               body intends as mentioned in subsection 155 (4) or (5) - 3
               months beginning on the day specified under paragraph 155 (3)
               (c); or

        (ii)   otherwise-the day on which the last-mentioned statement is
               lodged;

   (c)  if the first-mentioned statement states as mentioned in subsection 154
        (7) and the body contravenes section 155-the period within which the
        body is required to comply with that section; or

   (d)  otherwise-the body's registration day. 


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