Commonwealth Numbered Acts

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COMPANIES ACT 1981 No. 89 of 1981 - SECT 32

Relodging of lost registered documents

32. (1) If, in the case of a corporation incorporated or registered in the
Territory, any of the constituent documents of, or any other document relating
to, the corporation lodged with the Commission or the Registrar of Companies
has been lost or destroyed, any person may apply to the Commission for leave
to lodge with the Commission a copy of the document as originally lodged.

(2) Where such an application is made, the Commission may direct that notice
of the application be given to such persons and in such manner as it thinks
fit.

(3) Whether or not an application has been made to the Commission under
sub-section (1), the Commission, upon being satisfied-

   (a)  that an original document has been lost or destroyed;

   (b)  of the date of the lodging of that document; and

   (c)  that a copy of that document produced to the Commission is a correct
        copy, may certify upon the copy that it is so satisfied and grant
        leave for the copy to be lodged in the manner required by law in
        respect of the original.

(4) Upon the lodgment the copy has, and shall be deemed to have had from such
date as is mentioned in the certificate as the date of the lodging of the
original, the same force and effect for all purposes as the original.

(5) The Court may, by order made upon application by any person aggrieved and
after notice to any other person as directed by the Court, confirm, vary or
rescind the certificate, and the order may be lodged with the Commission and
shall be registered by it, but no payments, contracts, dealings, acts or
things made, had or done in good faith before the registration of the order
and upon the faith of and in reliance upon the certificate shall be
invalidated or affected by any such variation or rescission.

(6) Where a transparency of a document referred to in sub-section (1) has been
incorporated with a register kept by the Commission and is lost or destroyed
as referred to in that sub-section, the foregoing provisions of this section
have effect as if the document of which it is a transparency had been so lost
or destroyed. 


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