Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Court may, on
the application of the Attorney General or of any member or creditor of any
company certified by the Registrar to be a proprietary company, determine
whether such company is a proprietary company, within the meaning of this Act,
and if the Court determines that it is not a proprietary company it shall
declare accordingly, and, order that the word “proprietary” be
removed from its name; and thereupon the company shall be a public company
under this Act, and subject to all the provisions and conditions herein
contained relating to public companies.
(2) If, after the
expiration of 6 months from the commencement of this Act, any company trades
or carries on business under any name or title of which the word
“proprietary” forms part, such company, unless it has received
from the Registrar a certificate of incorporation certifying that the company
is a proprietary company, and every officer of the company who is in default,
shall be liable to a penalty not exceeding $4 for every day upon which that
name or title has been used.
[Section 38 amended by No. 113 of 1965
s. 8(1).]