Corporations Act. Australia

Corporations Act - Australia


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company has the meaning given by subsection 45A(1).

      prospectus means a prospectus that is lodged with ASIC.

      prove includes establish in any way (for example, but without limitation, through the operation of a presumption for which this Act or a law of a State or Territory provides).

      providing finance means:

      (a) lending money; or

      (b) giving guarantees or security for loans made by someone else; or

      (c) drawing, accepting, indorsing, negotiating or discounting a bill of exchange, cheque, payment order or promissory note so that someone can obtain funds.

      provision of a law includes:

      (a) a subsection, section, Subdivision, Division, Part or Chapter of the law; and

      (b) a Schedule, or an item in a Schedule, to the law.

      provisional liquidator has a meaning affected by paragraph 530AA(b) (which deals with 2 or more persons appointed as provisional liquidators).

      public company means a company other than a proprietary company and:

      (a) in section 195 and Chapter 2E, includes a body corporate (other than a prescribed body corporate) that:

      (i) is incorporated in a State or an internal Territory, but not under this Act; and

      (ii) is included in the official list of a prescribed financial market; and

      (b) in Chapter 2E does not include a company that is not required to have “Limited” in its name because of section 150 or 151.

      public document, in relation to a body corporate, has the meaning given by section 88A.

      publish:

      (a) in relation to a notice — means, in Chapter 7, publish by any means, including in a newspaper or periodical, on the internet, by broadcasting or televising or in a cinematograph film; and

      (b) in any case — includes issue.

      qualified accountant has the meaning given by section 88B.

      qualified privilege has the meaning given by section 89.

      quarter day means 31 March, 30 June, 30 September or 31 December.

      quotation, in relation to financial products or in relation to a financial market, includes the displaying or providing, on a financial market, of information concerning:

      (a) if offers to dispose of, purchase or exchange the financial product at particular prices, or for particular consideration, are made or accepted on that financial market — those prices or that consideration; or

      (b) if offers or invitations are made on that financial market, being offers or invitations that are intended, or may reasonably be expected, to result in the making or acceptance of offers to dispose of, purchase or exchange the financial products at particular prices, or for particular consideration — those prices or that consideration; or

      (c) in any case — the price at which, or the consideration for which, particular persons, or particular classes of persons, propose, or may reasonably be expected, to dispose of, purchase or exchange the financial products.

      quoted ED securities has the meaning given by section 111AM.

      quoted security means a security that is quoted on a prescribed financial market.

      receiver has a meaning affected by paragraph 434D(b) (which deals with 2 or more persons appointed as receivers).

      receiver and manager has a meaning affected by section 90 and has a meaning affected by paragraph 434E(b) (which deals with 2 or more persons appointed as receivers and managers).

      recognised offer has the meaning given by section 1200B.

      redeemable preference share means a preference share in a body corporate that is, or at the body’s option is to be, liable to be redeemed.

      referring State has the meaning given by section 4.

      register means register under this Act.

      registered Australian body means a registrable Australian body that is registered under Division 1 of Part 5B.2.

      registered body mean a registered Australian body or a registered foreign company.

      registered company auditor:

      (a) means a person registered as an auditor under Part 9.2; and

      (b) in relation to a body corporate that is not a company — includes a person qualified to act as the body’s auditor under the law of the body’s incorporation.

      registered foreign company means a foreign company that is registered under Division 2 of Part 5B.2.

      registered liquidator means a person registered as a liquidator under subsection 1282(2).

      registered office, in relation to a body corporate, means the body’s registered office under section 142 or 601CT, as the case requires.

      registered scheme means a managed investment scheme that is registered under section 601EB.

      registrable Australian body means:

      (a) a body corporate, not being:

      (i) a company; or

      (ii) an exempt public authority; or

      (iii) a corporation sole; or

      (b) an unincorporated body that, under the law of its place of formation:

      (i) may sue or be sued; or

      (ii) may hold property;

      in the name of its secretary or of an officer of the body duly appointed for that purpose;

      but does not include a foreign company.

      registrable body means a registrable Australian body or a foreign company.

      related body corporate, in relation to a body corporate, means a body corporate that is related to the first‑mentioned body by virtue of section 50.

      related entity, in relation to a body corporate, means any of the following:

      (a) a promoter of the body;

      (b) a relative of such a promoter;

      (c) a relative of a spouse of such a promoter;

      (d) a director or member of the body or of a related body corporate;

      (e) a relative of such a director or member;

      (f) a relative of a spouse of such a director or member;

      (g) a body corporate that is related to the first‑mentioned body;

      (h) a beneficiary under a trust of which the first‑mentioned body is or has at any time been a trustee;

      (i) a relative of such a beneficiary;

      (j) a relative of a spouse of such a beneficiary;

      (k) a body corporate one of whose directors is also a director of the first‑mentioned body;

      (l) a trustee of a trust under which a person is a beneficiary, where the person is a related entity of the first‑mentioned body because of any other application or applications of this definition.

      related party (when used in Chapter 2E) has the meaning given by section 228.

      relation‑back


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