(1) To register the body as a company under this Part, a person must lodge an application with ASIC.

Note 1: For the types of companies that can be registered under this Part, see section 601BA.

Note 2: A name may be reserved for a company to be registered under this Part before the application is lodged (see Part 2B.6).

(2) The application must state the following:

(a)

the type of company that the body is proposed to be registered as under this Act;

(b)

the name of the body;

(c) if the body is a registered body—its ARBN;

(d)

the proposed name under which the body is to be registered (unless the ACN is to be used);

(e)

the name and address of each member of the body;

(f)

the present given and family name, all former given and family names and the date and place of birth of each person who consents in writing to become a director;

(g)

the present given and family name, all former given and family names and the date and place of birth of each person who consents in writing to become a company secretary;

(h)

the address of each person who consents in writing to become a director or company secretary;

(i)

the address of the body's proposed registered office;

(j)

for a body proposed to be registered as a public company—the proposed opening hours of its registered office (if they are not the standard opening hours);

(k)

the address of the body's proposed principal place of business (if it is not the address of the proposed registered office);

(l)

for a body proposed to be registered as a company limited by shares or an unlimited company—the following:

(i)

the number and class of shares each member already holds or has agreed, in writing, to take up;

(ii)

the amount each member has already paid or agreed, in writing, to pay for each share;

(iii)

the amount unpaid on each share;

(m)

for a body proposed to be registered as a public company, if shares have been 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 application;

(n)

for a body proposed to be registered as a company limited by guarantee—the amount of the guarantee that each member has agreed to in writing;

(o)

the State or Territory in this jurisdiction in which the company is to be taken to be registered.

Note 1: Paragraph (h)—the address that must be stated is usually the residential address, although an alternative address can sometimes be stated instead (see section 205D).

Note 2: Paragraph (i)—if the body when it is registered under this Part is not to be the occupier of premises at the address of its registered office, the application must state that the occupier has consented to the address being specified in the application and has not withdrawn that consent (see section 100).

(3) If the body is proposed to be registered as a public company, the application must be accompanied by a copy of each document (including an agreement or consent) or resolution that is necessary to ascertain the rights attached to issued or unissued shares of the body. (4) The application must be in the prescribed form. (5) An applicant must have the consents and agreements referred to in subsection (2) when the application is lodged. After the body is registered as a company, the applicant must give the consents and agreements to the company. The company must keep the consents and agreements. (6) The following documents must be lodged with the application:

(a)

a certified copy of a current certificate of the body's incorporation in its place of origin, or of a document that has a similar effect;

(b)

a certified printed copy of the body's constitution (if any);

(c)

for a body that is not a registered body—the documents required by subsection 263(3) in relation to existing charges on the property of the body;

(d)

any other documents that are prescribed;

(e)

any other documents that ASIC requires by written notice given to the body.