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Corporations Bill 2001

Part 2N.2 Lodgments with ASIC


350   Forms for documents to be lodged with ASIC

                   A document that this Act requires to be lodged with the ASIC in a prescribed form must be:

                     (a)  if a form for the document is prescribed in the regulations—in the prescribed form; or

                     (b)  if a form for the document is not prescribed in regulations but the ASIC has approved a form for the document—in the approved form.

351   Signing documents lodged with ASIC

             (1)  A document lodged with ASIC in writing by, or on behalf of, a body or a registered scheme must be signed by a director or secretary of the body or of the responsible entity of the registered scheme. If the body is a foreign company, it may be signed by:

                     (a)  its local agent; or

                     (b)  if the local agent is a company—a director or secretary of the company.

             (2)  An individual who lodges a document with ASIC in writing must sign it.

             (3)  The person’s name must be printed next to the signature.

352   Documents lodged with ASIC electronically

             (1)  A document may be lodged with ASIC electronically only if:

                     (a)  ASIC and the person seeking to lodge it (either on their own behalf or as agent) have agreed, in writing, that it may be lodged electronically; or

                     (b)  ASIC has approved, in writing, the electronic lodgment of documents of that kind.

The document is taken to be lodged with ASIC if it is lodged in accordance with the agreement or approval (including any requirements of the agreement or approval as to authentication).

             (2)  Any agreement or approval must provide for a signed copy of the document to be held by the person lodging the document and for the person to make the signed copy of the document available to the ASIC if required.


Chapter 5 External administration