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Companies (Fees) Regulations
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Companies (Fees) Regulations
Statutory Rules 1982 No. 129 as amended
made under the
Companies (Fees) Act 1981
This compilation was prepared on 11 April 2000
taking into account amendments up to SR 1990 No. 158
Prepared by the Office of Legislative Drafting
Attorney-General’s Department, Canberra
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Companies (Fees) Regulations
Statutory Rules 1982 No. 129 as amended
made under the
Companies (Fees) Act 1981
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Prescribed fees
Schedule
Part I Interpretation
Part II Prescribed Fees
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Companies (Fees) Regulations.
2 Interpretation
In the Schedule, a reference to a section, subsection or paragraph, without an enactment being cited, shall be taken as a reference to that section, subsection or paragraph of the Companies Act 1981.
3 Prescribed fees
The fees payable for the purposes of subsection 4 (1) of the Companies (Fees) Act 1981 are the fees specified in the Schedule in relation to the respective matters so specified.
Schedule
(regulation 3)
Part I Interpretation
In items 53A, 53B, 53C and 53D in this Schedule:
class of information, in relation to a corporation, means information in respect of the corporation concerning all or any of the matters referred to in one of the following paragraphs:
(a) its full name, the date and place of its incorporation or formation and its registered number;
(b) whether it is a public company, an exempt proprietary company, a non-exempt proprietary company, a company limited by shares, a company limited by guarantee, a company limited by both shares and guarantee, an unlimited company, a no liability company, or other form of corporation;
(c) its principal activities;
(d) its registered office and (if a foreign company) its registered office or principal place of business in its place of incorporation or formation;
(e) the participating States and Territories (if any) in which its name is registered and its principal office (if any) in each of those States and Territories;
(f) its officers and (if a foreign company) its agent in the jurisdiction;
(g) any scheme of arrangement that it has entered into with its creditors, its placement under official management or receivership or its liquidation;
(h) its issued and paid up capital;
(i) its deregistration (if applicable);
(j) any charges on its property that have been lodged with the Commission or entered in the Register of Company Charges;
(k) any other matter.
Part II Prescribed Fees
| Column 1Item | Column 2Matter | Column 3Fee |
|---|---|---|
| $ | ||
| Registration of auditors and liquidators | ||
| 1 | Lodging an application under paragraph 17 (1) (a) or (b) for registration as an auditor or liquidator | 110 |
| 2 | Lodging an application under paragraph 17 (1) (c) for registration as a liquidator of a specified corporation | 55 |
| 3 | Lodging a statement:(a) under subsection 26 (2) or (3):(i) if statement made in the capacity of auditor or liquidator(ii) if statement made in the capacity of auditor and liquidator.(b) under subsection 26 (5) | 458545 |
| Names | ||
| 4 | For a search as to the availability of any names proposed to be adopted or used by a corporation or intended corporation, for each name searched | 11 |
| 5 | Lodging an application for the reservation of a name or for the extension of a reservationAn additional fee for each participating State or participating Territory in which the reservation or extension is sought | 2811 |
| 6 | For reserving and registering a name in accordance with an application under subsection 40 (1) or 46 (1) or (2), for each participating State or participating Territory in which the name is reserved and registered | 260 |
| 7 | For reserving and registering a name in accordance with an application under subsection 43 (1) or 49 (1), for each participating State or participating Territory in which the name is reserved and registered | 55 |
| 8 | For reserving and registering a name in accordance with an application under subsection 52 (1) or 55 (1), for each participating State or participating Territory in which the name is reserved and registered | 55 |
| 9 | For registering a name in accordance with a notice under section 59, for each participating State or participating Territory to which the notice relates | 260 |
| 10 | Lodging an application for the consent of the Ministerial Council under subsection 38 (2) to the use of a name by a corporation or an intended corporation | 140 |
| 11 | Lodging an application for the approval of the Commission to the change of name of a company, other than a change of name directed by the Commission under subsection 65 (3) or a change of name under subsection 66 (2) | 85 |
| Incorporation | ||
| 12 | Submitting memorandum and articles for the registration of an intended company having a share capitalAn additional fee, for each page of the memorandum and articles in excess of 20 | 5401 |
| 13 | Submitting memorandum and articles for the registration of an intended company not having a share capitalAn additional fee, for each page of the memorandum and articles in excess of 20 | 2101 |
| Powers and status | ||
| 13A | Lodging a copy of a special resolution altering a provision or provisions of the memorandum or articles of a company, for each page | 1 |
| Section 66 licences | ||
| 14 | Lodging an application for a licence under section 66 | 85 |
| 15 | Lodging an application for the approval under subsection 66 (11) of the alteration or proposed alteration of the memorandum or articles of a company | 28 |
| Changes after incorporation | ||
| 16 | Lodging an application under section 69 for a change of status:(a) for an application by a company limited by guarantee to convert to a company limited both by shares and guarantee(b) for an application other than an application mentioned in paragraph (a) | 37028 |
| 17 | Lodging a copy of a special resolution under subsection 70 (1) or (2) | 28 |
| Transfer of incorporation | ||
| 18 | Lodging an application by a company under subsection 83 (1) | 370 |
| 19 | Lodging an application by a recognized company under subsection 84 (1) | 185 |
| 20 | Lodging an application by a foreign company under subsection 85 (1) | 370 |
| Registration of foreign companies | ||
| 21 | Lodging documents under subsection 512 (2) for the registration of a foreign company | 540 |
| Fund raising | ||
| 22 | Submitting a proposed prospectusAn additional fee for each participating State and participating Territory specified in accordance with paragraph 98 (1) (o) | 1,000185 |
| 22A | Submitting a proposed statement under section 170, for each class of prescribed interest offered in the statementAn additional fee for each participating State and participating Territory specified in accordance with paragraph 98 (1) (o), for each class of prescribed interest offered in the statement | 1,000185 |
| 23 | Lodging an application to the Commission under subsection 105 (3) | 45 |
| 24 | Lodging an application for the approval of a trustee for debenture holders under paragraph 152 (1) (h) | 28 |
| 25 | Submitting to the Commission for examination a proposed deed for the appointment of a person as trustee for or representative of the holders of prescribed interests issued or proposed to be issued by a company, other than a proposed deed mentioned in item 26 | 890 |
| 26 | Submitting to the Commission for examination a proposed deed to amend a deed approved under section 166 | 85 |
| 27 | Lodging an application for the approval of a trustee or representative under subsection 167 (1) | 28 |
| 28 | Lodging an application for a declaration under subsection 168 (2), for each matter specified | 28 |
| 29 | Lodging an application for an exemption undersection 215C | 85 |
| 30 | Lodging an application to the Commission under subsection 552 (2) | 45 |
| Charges | ||
| 31 | Lodging a notice under section 201 or 202 | 65 |
| 32 | Lodging a notice under section 206 | 37 |
| 33 | Lodging a memorandum under subsection 207 (2) | 37 |
| Annual returns and accounts | ||
| 34 | Lodging an application to the Commission under subsection 268 (4) | 75 |
| 35 | Lodging an application to the Commission under section 273 | 85 |
| 36 | Lodging an annual return of a public company, not being a company mentioned in item 37 or 38An additional fee for each participating State or participating Territory in which the name of the company is registered | 540185 |
| 37 | Lodging an annual return or accounts of a company holding a licence under section 66 or under a corresponding provision of a previous law of the TerritoryAn additional fee for each participating State or participating Territory in which the name of the company is registered | 2817 |
| 38 | Lodging an annual return or accounts of a company limited by guarantee or both by shares and by guarantee, if the memorandum states, or in the case of a company incorporated before 1 July 1982, its memorandum or articles states, that the company:(a) is formed for a purpose mentioned in paragraph 66 (1) (a);(b) applies its profits (if any) or other income in promoting its purpose; and(c) prohibits the distribution of its income or property among its membersAn additional fee for each participating State or participating Territory in which the name of the company is registered | 2817 |
| 39 | Lodging an annual return of a proprietary company that is not an exempt proprietary companyAn additional fee for each participating State or participating Territory in which the name of the company is registered | 210185 |
| 40 | Lodging an annual return of an exempt proprietary company, not being a company mentioned in item 41An additional fee for each participating State or participating Territory in which the name of the company is registered | 14575 |
| 41 | Lodging an annual return of an exempt proprietary company, if the Commission is satisfied that:(a) the company is the proprietor of land on which is erected a building divided into individual residential areas and areas for common use; and(b) the shareholders in that company are entitled, because of their shareholdings, to the exclusive occupation of one or more of those residential areas and the use of those common areas; and(c) the company operates solely:(i) for the purpose of facilitating and enforcing the rights of shareholders in relation to exclusive occupation of those residential areas; and(ii) for the maintenance of those common areas | 37 |
| 42 | Lodging an annual return or a balance-sheet and profit and loss account of a registered foreign company under section 516For foreign companies formed outside Australia and the external Territories, an additional fee for each participating State or participating Territory in which the name of the company is registered | 210185 |
| Other applications | ||
| 43 | Lodging any application for the lodging of which a fee is not provided by any other item | 28 |
| Defunct companies | ||
| 44 | Lodging an application to the Commission to exercise the powers conferred by section 460 or 462 | 85 |
| 45 | For an act done by the Commission as representing a defunct company or its liquidator under section 460 | 85 |
| 46 | For an act done by the Commission under section 462 | 85 |
| Late lodgment | ||
| 47 | The late lodgment of a document (in addition to the lodgment fee provided by any other item):(a) if lodged within one month after the prescribed time(b) if lodged more than one month, but within 3 months, after the prescribed time(c) if lodged more than 3 months after the prescribed time | 175585 |
| Searches of documents | ||
| 48 | For inspection under subsection 31 (2) of documents that are lodged by or in relation to a particular corporation or other person (other than an inspection by or on behalf of the Australian Broadcasting Corporation, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station or the proprietor or publisher of a newspaper generally available to the public otherwise than only on subscription) | 10 |
| 49 | For an inquiry, other than an inquiry in person, involving an inspection to which item 48 refers | 14 |
| Supply of uncertified copies | ||
| 50 | For the supply of an uncertified copy or extract of a document, for each page, in addition to the fee payable under item 48 or 49 | 1 |
| Certification | ||
| 51 | For a certificate issued by the Commission, other than a certificate mentioned in item 52 or a certificate under subsection 35 (2) or 514 (6) | 11 |
| 52 | For the supply of a certified copy of, or the supply of a certified copy of an extract from, a document filed or lodged with the Commission:(a) for one page(b) for each additional page or part of a page | 111 |
| Production of documents | ||
| 53 | For the production by the Commission, under a subpoena, of a document in its custodyAn additional fee for each page of the document produced | 281 |
| Issue of computer generated documents | ||
| 53A | For a document issued by the Commission, requested in person, that contains not more than 5 classes of information relating to one corporation where the information is retrieved from a computer | 5 |
| 53B | For a document issued by the Commission, requested in person, that contains more than 5 classes of information relating to one corporation where the information is retrieved from a computer | 6 |
| 53C | For a document issued by the Commission, not requested in person, that contains not more than 5 classes of information relating to one corporation where the information is retrieved from a computer | 12 |
| 53D | For a document issued by the Commission, not requested in person, that contains more than 5 classes of information relating to one corporation where the information is retrieved from a computer | 13 |
| Other acts by the Commission | ||
| 54 | For any act that the Commission is required or authorised to do on the request of a person and for which a fee is not prescribed by any other item | 17 |
| 55 | For the supply of information and a copy or print of a document kept by the Commission in a participating State or participating TerritoryAn additional fee for each page of the copy or print provided | 281 |
| 56 | Lodging in accordance with paragraph 129 (10) (e) a copy of the notice and of the statement mentioned in that paragraph | 85 |
| 57 | Preparation by the Commission of the statement mentioned in paragraph 315 (21) (b) | 85 |
| 58 | Submitting to the Commission for examination an explanatory statement sent out under subsection316 (1) | 450 |
Notes to the Companies (Fees) Regulations
Note 1
Note: The Companies (Fees) Regulations (in force under the Companies (Fees) Act 1981) as shown in this compilation comprise Statutory Rules 1982 No. 129 amended as indicated in the Tables below.
Note: Table of Statutory Rules
| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |
|---|---|---|---|
| 1982 No. 129 | 18 June 1982 | 18 June 1982 | |
| 1983 No. 184 | 23 Sept 1983 | 1 Oct 1983 | — |
| 1983 No. 317 | 16 Dec 1983 | 1 Jan 1984 | — |
| 1984 No. 245 | 21 Sept 1984 | 1 Oct 1984 | — |
| 1986 No. 145 | 30 June 1986 | 1 July 1986 | — |
| 1987 No. 82 | 27 May 1987 | 1 July 1987 | — |
| 1988 No. 35 | 24 Mar 1988 | 1 Apr 1988 | — |
| 1988 No. 106 | 1 June 1988 | 1 July 1988 | — |
| 1989 No. 126 | 21 June 1989 | 1 July 1989 | — |
| 1990 No. 158 | 29 June 1990 | 1 July 1990 | — |
Note: Table of Amendments
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td colspan="2" style="width:354.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:233pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Schedule</span><span style="width:75.87pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.............</span></p></td><td style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rs. 1983 No. 184</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td><td style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1983 No. 317; 1984 No. 245</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td><td style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rs. 1986 No. 145; 1987 No. 82</span></p></td></tr><tr><td style="width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span></span></p></td><td style="width:233pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 1988 Nos. 35 and 106; 1989 No. 126; 1990 No. 158</span></p></td></tr></tbody></table>