Commonwealth Numbered Acts

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Notice to ASIC of share issue

(1) Within 1 month after issuing shares, a company must lodge with ASIC a notice in the prescribed form that sets out:

the number of shares that were issued; and

if the company has different classes of shares—the class to which each of those shares belongs; and

the amount (if any) paid, or agreed to be considered as paid, on each of those shares; and

the amount unpaid (if any) on each of those shares; and

if the company is a public company and the shares were issued for non-cash consideration—the 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).

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