Corporations Act - Australia

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office in this jurisdiction. Communications and notices to the company may be addressed to its registered office.

      Note 1: A document may be served on a company by leaving it at, or posting it to, the company’s registered office (see subsection 109X(1)).

      Note 2: Communications and notices from ASIC may also be addressed to the company’s contact address (see section 146A).

      (2) A company must lodge notice of a change of address of its registered office with ASIC not later than 28 days after the date on which the change occurs. The notice must be in the prescribed form.

      Note: If the company is not to be the occupier of premises at the address of its new registered office, the notice must state that the occupier has consented to the address being specified in the notice and has not withdrawn that consent (see section 100).

      (2A) An offence based on subsection (1) or (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      (3) A notice of change of address takes effect from the later of:

      (a) the seventh day after the notice was lodged; or

      (b) a later day specified in the notice as the date from which the change is to take effect.

      143 ASIC may change address of registered office to a director’s address

      (1) A company that does not occupy the premises at the address of its registered office must be able to show to ASIC the occupier’s written consent to the company’s use of those premises as its registered office.

      Note: ASIC can require the company to produce the consent (see section 100).

      (1A) An offence based on subsection (1) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      (2) If ASIC becomes aware that the occupier of those premises:

      (a) has not consented to the use of the premises as the address of the company’s registered office; or

      (b) has withdrawn the consent;

      ASIC may give written notice to a director of the company who resides in this jurisdiction that ASIC intends to change the address of the company’s registered office to the director’s address.

      (3) If ASIC is not notified of the address of the company’s proposed new registered office under subsection 142(2) within 28 days after the notice under subsection (2) is sent, ASIC may change the address of the company’s registered office to the director’s address.

      144 Company’s name must be displayed at registered office etc.

      (1) A company must display its name prominently at every place at which the company carries on business and that is open to the public.

      (2) A public company must also display its name and the words “Registered Office” prominently at its registered office.

      (3) An offence based on subsection (1) or (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      145 Opening hours of registered office of public company

      (1) The registered office of a public company must be open to the public:

      (a) each business day from at least 10 am to 12 noon and from at least 2 pm to 4 pm; or

      (b) at least 3 hours chosen by the company between 9 am and 5 pm each business day.

      (2) If the company chooses its own opening hours, the hours must be specified:

      (a) if the company is to have its own opening hours from its registration — in the application for registration of the company under section 117 (normal registration process) or the notice lodged under section 5H (registration of body as company on basis of State or Territory law); or

      (b) if the company changes its opening hours after its registration — in the most recent notice of change of opening hours lodged with ASIC under subsection (3).

      (3) The company must lodge notice of a change in the opening hours of its registered office with ASIC before the day on which a change occurs. The notice must be in the prescribed form.

      (4) An offence based on subsection (1) or (3) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      146 Change of address of principal place of business

      (1) A company must lodge with ASIC notice of a change of the address of its principal place of business not later than 28 days after the date on which the change occurs. The notice must be in the prescribed form.

      (2) An offence based on subsection (1) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      146A Contact address

      (1) A company may have a contact address (whether or not in this jurisdiction). Communications and notices from ASIC to the company may be addressed to its contact address.

      (2) If a company is to have a contact address, the company must lodge notice of the address in the prescribed form.

      Part 2B.6 — Names

      Division 1 — Selecting and using a name

      147 When a name is available

      Name is available unless identical or unacceptable

      (1) A name is available to a company unless the name is:

      (a) identical (under rules set out in the regulations) to a name that is reserved or registered under this Act for another body; or

      (b) identical (under rules set out in the regulations) to a name that is held or registered on the Business Names Register in respect of another individual or body who is not the person applying to have the name; or

      (c) unacceptable for registration under the regulations.

      Minister may consent to a name being available to a company

      (2) The Minister may consent in writing to a name being available to a company even if the name is:

      (a) identical to a name that is reserved or registered under this Act for another body; or

      (b) unacceptable for registration under the regulations.

      (3) The Minister’s consent may be given subject to conditions.

      Note: If the company breaches a condition, ASIC may direct it to change its name under section 158.

      (4) The regulations may specify that a particular unacceptable name is available to a company if:

      (a) a specified public authority, or an instrumentality or agency of the Crown in right of the Commonwealth, a State or an internal Territory has consented to the company using or assuming the name; or

      (b) the company is otherwise permitted to use or assume the name by or under:

      (i) an Act of the Commonwealth, a State or an internal Territory; or

      (ii) a specified provision of an Act of the Commonwealth, a State or an internal Territory.

      The consent of the authority, instrumentality or agency may be given subject to conditions.

      Note: If the consent is withdrawn, the company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158.

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