123Company may have common seal

#### 123 Company may have common seal (1) A company may have a common seal. If a company does have a common seal, the company must set out on it: (a) for a company that has its ACN in its name—the company’s name; or (b) otherwise—the company’s name and either: (i) the expression “Australian Company Number” and the company’s ACN; or (ii) if the last 9 digits of the company’s ABN are the same, and in the same order, as the last 9 digits of its ACN—the expression “Australian Business Number” and the company’s ABN. > Note 1: A company may make contracts and execute documents without using a seal (see sections 126 and 127). > Note 2: For abbreviations that can be used on a seal, see section 149. (2) A company may have a duplicate common seal. The duplicate must be a copy of the common seal with the words “duplicate seal”, “share seal” or “certificate seal” added. (3) A person must not use, or authorise the use of, a seal that purports to be the common seal of a company or a duplicate if the seal does not comply with the requirements set out in subsection (1) or (2). (4) An offence based on subsection (3) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. Chapter 2B—Basic features of a company