corporations act

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  1. A

    NSW s113 Corporations Act "employee shareholder"

    Under s113 of the Corporations Act, there's a cap on the number of non-employee shareholders to remain a proprietary company. If an employee nominated a family/discretionary trust, self managed super fund or other nominee shareholder to hold the shares, would this be eligible as an "employee...
  2. A

    Associated Entities - Corporations Act

    Hello. I am trying to determine whether Company A and Company B are 'associated entities' as per s50AAA of the Corporations Act. Each company owns a business with different ABNs. Both companies have two shareholders with 50% shares each. The shareholders are a husband & wife. The husband is...
  3. J

    NSW Changes to Product Disclosure Statement - Help?

    My sister's superannuation provider is charging her fees inconsistent with the current Product Disclosure Statement. Many years ago, when my sister left her then employer, she left her superannuation with the same provider but changed from their corporate to retail product. At that time, the...
  4. adro

    Remedies for breach of Corporations Act, replaceable rules and constitution?

    I want to ask that what are the remedies for: -Breach of constitution and replaceable rules? Is it only count as a breach of contract? How should we sue? -Violation of a specific section in Corporations Act 2001, for example, what happens when a small proprietary company (who use a...
  5. F

    NSW Allocation of Shares in Australian Private Company

    Can the director of a private company issue himself ordinary shares without: a) notifying his other directors b) approval or resolution by the Board We have adopted a standard constitution.
  6. F

    VIC Corporations Act: Can an Old Board prevent a New Board from Sitting?

    Hi, I have a general Corporations Act set of questions relating to handovers from Old Boards to New Boards: Say that members of an organisation subject to the Corporations Act vote OUT an old Board (i.e. a "coup" as some call it)... Can this "old Board" prevent the new Board members from...
  7. R

    NSW Director and Member Records - Corporations Act 2001 or Case Law?

    Can you please help within Corporations Act 2001 (Cth) or Case Law where it states Internal Company Register (Records) of Directors and Members outweighs on what is on record with ASIC. Meaning ASIC only relies on what is given to it back the company?
  8. R

    NSW Is Circular Resolution of Directors Applicable to Body Corporate?

    Circular Resolution of Directors under section 248A of the Corporations Act 2001 (Cth). Is this applicable to the Executive Committee members of a NSW Strata Body Corporate? Thank you
  9. B

    NSW Company Directors Loan from Bank - What to Do under Corporations Act?

    Hi, I have a private company with five company directors. Two of the directors signed a loan document with a bank about 3-4 months earlier against all the assets and business. Now, we are not able to repay the loan. Can the bank charge legal actions against the company and the rest three of the...
  10. J

    Homework Question - Retail or Wholesale Policy under Corporations Act?

    Just a scenario..... is a retail or a wholesale policy under the Corporations Act 2001? Is an employee a body piercer as well? No policy as yet, just would like clarification.