FOREIGN CORPORATIONS (APPLICATION OF LAWS) ACT 1989 - SECT 7 Law applied in place of incorporation applicable law in determining questions relating to status of foreign corporation etc.

FOREIGN CORPORATIONS (APPLICATION OF LAWS) ACT 1989 - SECT 7

  (1)   The section applies in relation to the determination of a question arising under Australian law (including a question arising in a proceeding in an Australian court) where it is necessary to determine the question by reference to a system of law other than Australian law.

  (2)   Any question relating to whether a body or person has been validly incorporated in a place outside Australia is to be determined by reference to the law applied by the people in that place.

  (3)   Any question relating to:

  (a)   the status of a foreign corporation (including its identity as a legal entity and its legal capacity and powers); or

  (b)   the membership of a foreign corporation; or

  (c)   the shareholders of a foreign corporation having a share capital; or

  (d)   the officers of a foreign corporation; or

  (e)   the rights and liabilities of the members or officers of a foreign corporation, or the shareholders of a foreign corporation having a share capital, in relation to the corporation; or

  (f)   the existence, nature or extent of any other interest in a foreign corporation; or

  (g)   the internal management and proceedings of a foreign corporation; or

  (h)   the validity of a foreign corporation's dealings otherwise than with outsiders;

is to be determined by reference to the law applied by the people in the place in which the foreign corporation was incorporated.

  (4)   A matter mentioned in subsection   ( 2) or (3) is not to be taken, by implication, to limit any other matter mentioned in those subsections.