(1) Within 1 month after issuing shares, a company must lodge with ASIC a
notice in the prescribed form that sets out:
- (a)
- the number of shares that
were issued; and
- (b)
- if the company has different classes of sharesthe class to which
each of those shares belongs; and
- (c)
- the amount (if any) paid, or agreed to be considered as paid, on each of
those shares; and
- (d)
- the amount unpaid (if any) on each of those shares; and
- (e)
- if the company is a public company and the shares were issued for non-cash
considerationthe prescribed particulars about the issue of the shares,
unless the shares were issued under a written contract and a copy of the
contract is lodged with the notice.
- Note: The company must lodge information when rights attached to the shares
change, or when the shares are divided or converted into new classes (see
section 246F).
(2) If the shares were issued for non-cash consideration under a contract, the
company must also lodge with ASIC a certificate stating that all stamp duty
payable on the contract under any applicable law relating to stamp duty has
been paid. This certificate must be lodged with the subsection (1) notice
or at a later time permitted by the regulations or by ASIC.
(3) The company does not have to lodge a subsection (1) notice about the
issue of shares to a person on the registration of the company or on the
company changing its type from a company limited by guarantee to a company
limited by shares.
- Note: Information about shares issued in these situations
will come to ASIC under subsections 5H(2), 117(2), 163(3) and 601BC(2).