New South Wales Consolidated Acts

LOAN FUND COMPANIES ACT 1976 - SECT 23

23 Returns

(1) A loan fund company shall:

(a) within 2 months after the date on which the company becomes a loan fund company or within such further period as the Supervisor may in any particular case allow, and

(b) in each year within 3 months after the last day of the company’s financial year or within such further period as the Supervisor may in any particular case allow,

lodge with the Supervisor a return containing the particulars specified in subsection (2) and accompanied by such documents as are specified in subsection (3).

(2) The particulars required to be contained in the return under subsection (1) are:

(a) the address, as at the date of lodgment of the return, of:

(i) the registered office of the loan fund company,

(ii) where the company is a recognised company, the principal office of the company in New South Wales, and

(iii) where the company is a foreign company, the registered office of the company in New South Wales,

(b) if the company, being a company within the meaning of the Companies (New South Wales) Code , keeps the register of members and the register (if any) kept by the company under section 21 (1) at a place other than its registered office, the address, as at the date of lodgment of the return, at which that register is or those registers are kept,

(c) if the company, being a recognised company or a foreign company, keeps the branch register (if any) of members who are resident in New South Wales and the register (if any) kept by the company under section 21 (2) at a place other than its principal office or, as the case may be, its registered office in New South Wales, the address, as at the date of lodgment of the return, at which that register is or those registers are kept,

(d) all such particulars with respect to the persons who, as at the date of lodgment of the return, are directors of the company and any person who, as at that date, is a principal executive officer or secretary of the company as are required by section 238 of the Companies (New South Wales) Code to be contained in the register of directors, principal executive officers and secretaries of the company, or, where the company is a recognised company or a foreign company, would be so required if the company were incorporated under the Companies (New South Wales) Code ,

(e) the name and address of every person who, as at the date of lodgment of the return, is an auditor of the company,

(f) the name and address of every bank, building society and credit union at which the company, as at the date of lodgment of the return, maintains an account or keeps any of its funds, and

(g) such other particulars (if any) as are prescribed.

(3) The documents required to accompany the return under subsection (1) are:

(a) a copy, certified by a director, or by the principal executive officer or secretary, of the loan fund company to be a true copy of all accounts relating to the company required by section 269 of the Companies (New South Wales) Code , to be made out for or with respect to its financial year immediately preceding the date on which the return is required to be lodged with the Supervisor under subsection (1) or, where the company is a recognised company or a foreign company, a copy so certified of all accounts relating to the company which would be required by that section if the company were a public company incorporated under the Companies (New South Wales) Code ,

(b) a copy of the statements required by section 269 of the Companies (New South Wales) Code to be attached to those accounts or, where the company is a recognised company or a foreign company, which would be so required to be attached to those accounts if the company were a public company incorporated under the Companies (New South Wales) Code ,

(c) a copy of the auditor’s report or reports required to be made by section 285 of the Companies (New South Wales) Code on those accounts or, where the company is a recognised company or a foreign company, which would be required to be made on those accounts if the company were a public company incorporated under the Companies (New South Wales) Code ,

(d) a list in or to the effect of the prescribed form containing the prescribed particulars of loans made by the company during the financial year referred to in paragraph (a), and

(e) a list in or to the effect of the prescribed form containing the particulars of all vested loan entitlements held by members as at the last day of the financial year referred to in paragraph (a).

(4) A loan fund company shall, not later than 14 days after a change occurs in any particular referred to in subsection (2) in relation to the company, lodge with the Supervisor details in writing of the change.

Maximum penalty: 2 penalty units and, in the case of a continuing offence, a further penalty not exceeding 0.5 penalty unit for each day during which the offence continues.