Commonwealth Consolidated Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 23.5

             (1)  The following must accompany an application under section 23‑1:

                     (a)  evidence that, on registration, the amalgamated corporation will meet the creditor notice requirements referred to in section 29‑18;

                     (b)  evidence of the resolutions referred to in section 29‑19;

                     (c)  copies of the consents referred to in subsection 23‑1(2);

                     (d)  evidence that none of the amalgamating corporations is an externally‑administered body corporate;

                     (e)  evidence that no application to wind up an amalgamating corporation has been made to a court (in Australia or elsewhere) that has not been dealt with;

                      (f)  evidence that no application to approve a compromise or arrangement between an amalgamating corporation and another person has been made to a court (in Australia or elsewhere) that has not been dealt with;

                     (g)  any other documents that are prescribed.

Note:          Under the internal governance rules requirement (see section 29‑20), a copy of the proposed constitution of a proposed corporation must also be provided to the Registrar before the time the Registrar makes a decision under section 26‑1 in respect of the application.

             (2)  The evidence lodged in accordance with subsections (1) must be satisfactory proof to the Registrar of the matters referred to in that subsection.

Note:          Section 376‑5 requires documents that are not in English to be translated into English.