Tutorial 6 Week 7

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  • 8/2/2019 Tutorial 6 Week 7

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    Tutorial 7 week 8

    Question 1

    The matters listed below are the matters to be included in the application.

    The first part that needs to be filled out is the lodgement details. These details include whoASIC should contact if there is a query about the form.

    The state/territory of the application needs to be identified as well. This means the locationin which the company will be registered to.

    Next to be registered is the details of the company. This includes whether or not there is aproposed company name for the company. Also, it would need to be established if the

    company is a propriety company or if it is limited by shares. Also it must be included

    whether the proposed name is identical to the registered business names.

    A proposed public company which has adopted a Constitution must lodge a copy of theconstitution with this application

    The registered office also needs to be identified, and this address cannot be a PO Boxaddress.

    Further details of the company need to be registered as well. These include whether thecompany occupies the premises, for public companies, the office hours need to be

    stipulated. In addition, the principal place of business also needs to be included.

    A public company must have a minimum of 3 directors (2 resident in Australia) and 1secretary (resident in Australia). A proprietary company must have a minimum of 1 director

    (resident in Australia). The office of secretary is optional, but if appointed one must reside in

    Australia. Officeholder(s) appointment date shall be effective from the beginning of the day

    on which the company becomes registered. These particulars are all included in the Appoint

    Officeholder section of the form.

    Where there is a holding company, the registered form will need to identify the ultimateholding company.

    Furthermore, another matter to be included in the application is the share structure table. The details of all members also need to be included in the application. This section includes

    all the Member details and shareholding Indicate whether the member is anindividual or a

    company and provide the:name of the individual or companyaddress of the individual or

    company, andshareholding.

    A declaration by the applicant must be included in the application. This section states:I/we apply for registration of a company on the basis of the information in this form and

    any attachments. I/we have the necessary written consents and agreements referred to in

    the application concerning the member and officeholders and I/we shall give the consents

    and agreements to the company after the company becomes registered. The information

    provided in this application and in any annexure is true and correct at the time of signing.

    The next section is the signature of the applicant. If the applicant is an individual - 1signature required. Individual If the applicant is a corporation - a director or secretary to

    sign. If the agent for the applicant is a firm, then a member/partner of the firm is to sign.

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    The final step is lodging the application. The completed form must be signed and sent to

    Australian Securities and Investments Commission, PO Box 4000, Gippsland Mail Centre VIC

    3841