Corporations Act. Australia
the amount (if any) each member agrees in writing to pay for each share;
(iii) if that amount is not to be paid in full on registration — the amount (if any) each member agrees in writing to be unpaid on each share;
(i) for a public company that is limited by shares or is an unlimited company, if shares will be issued for non‑cash consideration — the prescribed particulars about the issue of the shares, unless the shares will be issued under a written contract and a copy of the contract is lodged with the application;
(j) for a company limited by guarantee — the proposed amount of the guarantee that each member agrees to in writing.
(3) If the company:
(a) is to be a public company; and
(b) is to have a constitution on registration;
a copy of the constitution must be lodged before the registration day.
(4) On the registration day, the body is taken:
(a) to be registered as a company under this Act; and
(b) to be registered in the State or Territory referred to in subsection (1).
(5) The regulations may modify the operation of this Act to facilitate the registration of the company.
(6) Without limiting subsection (5), the regulations may make provision in relation to:
(a) the share capital of the company on registration; and
(b) the issue of a certificate of registration on the basis of the company’s registration.
5I Regulations may modify operation of the Corporations legislation to deal with interaction between that legislation and State and Territory laws
(1) The regulations may modify the operation of the Corporations legislation so that:
(a) provisions of the Corporations legislation do not apply to a matter that is dealt with by a law of a State or Territory specified in the regulations; or
(b) no inconsistency arises between the operation of a provision of the Corporations legislation and the operation of a provision of a State or Territory law specified in the regulations.
(2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that the provision of the Corporations legislation:
(a) does not apply to:
(i) a person specified in the regulations; or
(ii) a body specified in the regulations; or
(iii) circumstances specified in the regulations; or
(iv) a person or body specified in the regulations in the circumstances specified in the regulations; or
(b) does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with the State or Territory law; or
(c) does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with the State or Territory law; or
(d) does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with the State or Territory law; or
(e) does not impose an obligation on a person to the extent to which complying with that obligation would require the person to not comply with an obligation imposed on the person under the State or Territory law; or
(f) authorises a person to do something for the purposes of the Corporations legislation that the person:
(i) is authorised to do under the State or Territory law; and
(ii) would not otherwise be authorised to do under the Corporations legislation; or
(g) will be taken to be satisfied if the State or Territory law is satisfied.
(3) In this section:
matter includes act, omission, body, person or thing.
Part 1.2 — Interpretation
Division 1 — General
6 Effect of this Part
(1) The provisions of this Part have effect for the purposes of this Act, except so far as the contrary intention appears in this Act.
(2) This Part applies for the purposes of:
(a) Part 5.7; and
(b) Chapter 5 as applying by virtue of Part 5.7; and
(c) Part 9.2;
as if a reference in this Part to a person or to a body corporate included a reference to a Part 5.7 body.
(4) Where, because of Part 11.2, provisions of this Act, as in force at a particular time, continue to apply:
(a) in relation to someone or something; or
(b) for particular purposes;
then, for the purposes of those provisions as so applying:
(c) this Part as in force at that time continues to have effect; and
(d) this Part as in force at a later time does not have effect.
7 Location of other interpretation provisions
(1) Most of the interpretation provisions for this Act are in this Part.
(2) However, interpretation provisions relevant only to Chapter 7 are to be found at the beginning of that Chapter.
(3) Also, interpretation provisions relevant to a particular Part, Division or Subdivision may be found at the beginning of that Part, Division or Subdivision.
(4) Occasionally, an individual section contains its own interpretation provisions, not necessarily at the beginning.
9 Dictionary
Unless the contrary intention appears:
AASB means the Australian Accounting Standards Board.
ABN (short for “Australian Business Number”) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
Aboriginal and Torres Strait Islander corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.
accounting standard means:
(a) an instrument in force under section 334; or
(b) a provision of such an instrument as it so has effect.
ACN (short for “Australian Company Number”) is the number given by ASIC to a company on registration (see sections 118 and 601BD).
acquire, in relation to financial products, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.
act includes thing.
administration, in relation to a company, has the meaning given by section 435C.
administrator:
(a) in relation to a body corporate but not in relation to a deed of company arrangement:
(i) means an administrator of the body or entity appointed under Part 5.3A; and
(iii) if 2 or more persons are appointed under that Part as administrators of the body or entity — has a meaning affected by paragraph 451A(2)(b); or
(b) in relation to a deed of company arrangement:
(i) means an administrator of the deed