CTHRepealedAct
Financial Corporations Act 1974
9Corporations to furnish information to Reserve Bank
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##### 9 Corporations to furnish information to Reserve Bank
(1) If, at the commencement of this Part, a corporation is a corporation to which this Act applies, the corporation shall, before the expiration of the period of 60 days after the date of commencement of this Part, furnish to the Reserve Bank the documents mentioned in subsection (6).
(2) Where, after the commencement of this Part, a corporation becomes a corporation to which this Act applies, whether at the time of its incorporation or at a later time and whether or not the corporation has previously been a corporation to which this Act applies, the corporation shall, before the expiration of the period of 60 days after the day on which it becomes a corporation to which this Act applies, furnish to the Reserve Bank the documents mentioned in subsection (6).
(3) If a corporation to which subsection (1) or (2) applies fails to furnish to the Reserve Bank the documents referred to in that subsection before the expiration of the period so referred to, the corporation is guilty of a separate offence on each day occurring after the expiration of that period and before the corporation furnishes the documents and is punishable, on conviction of such an offence in respect of a day, by a fine not exceeding 50 penalty units.
(4) The Reserve Bank may, before the expiration of the period referred to in subsection (1) or (2) (including any period that is deemed to be substituted for that period by any other application or applications of this subsection) allow a longer period for the furnishing by a particular corporation of documents in accordance with that subsection and, in that case, the longer period shall, for the purposes of the application of that subsection in relation to that corporation, be deemed to be substituted for the period referred to in that subsection.
(5) Neither subsection (1) nor (2) applies to a corporation if, before the expiration of the period referred to in that subsection (including any period that is deemed to be substituted for that period by any application or applications of subsection (4) in relation to that corporation), the corporation ceases to be a corporation to which this Act applies.
(6) The documents referred to in subsections (1) and (2) are:
(a) a notice in writing setting out:
(i) the name, the place and date of incorporation and the address of the registered office of the corporation;
(ii) the name, and the address of the registered office, of every corporation that is related to the corporation;
(iii) particulars of the principal methods by which the corporation ordinarily borrows moneys; and
(iv) particulars of the principal kinds of finance ordinarily provided by the corporation;
(b) a copy of the last audited balance‑sheet of the corporation; and
(c) if there is not such a balance‑sheet as is mentioned in paragraph (b) or the balance‑sheet so mentioned includes both assets and liabilities in Australia and assets and liabilities outside Australia but does not show the assets and liabilities in Australia separately from the assets and liabilities outside Australia—a statement showing the assets and liabilities in Australia of the corporation.
(7) If:
(a) a registered corporation changes its name or the address of its registered office;
(b) a change takes place in the principal methods by which a registered corporation ordinarily borrows moneys or in the principal kinds of finance ordinarily provided by a registered corporation;
(c) a corporation that is related to a registered corporation ceases to be so related; or
(d) a corporation becomes related to a registered corporation;
the registered corporation shall, before the expiration of the period of 60 days after the occurrence of the event concerned, notify the Reserve Bank in writing accordingly.
Penalty: 10 penalty units.
(8) A corporation is not required by this section to furnish to the Reserve Bank a notice or notification in relation to a matter if a notice or notification in relation to that matter has already been furnished to the Reserve Bank by another corporation.
(9) The Reserve Bank shall cause a Register of Corporations to be kept for the purposes of this Act and shall:
(a) cause to be entered in the Register the name, the address of the registered office, and any other particulars that it considers appropriate to be entered, of every corporation that furnishes to the Reserve Bank the documents mentioned in subsection (6);
(b) if a registered corporation notifies the Reserve Bank in accordance with subsection (7), or the Reserve Bank otherwise becomes aware, of a change in the name or the address of the registered office of the corporation, or of a change in any other particulars relating to the corporation that are entered in the Register, cause the Register to be altered accordingly; and
(c) if a corporation included in the Register ceases to exist, or ceases to be a corporation to which this Act applies—cause the corporation’s name, address of registered office, and any other particulars of the corporation, to be removed from the Register.
(10) A written notice or notification by a corporation to the Reserve Bank under this section shall be signed by a senior officer of the corporation.
(11) The Reserve Bank shall, if requested to do so by the Secretary to the Department, give the Secretary a copy of a document received by the Reserve Bank under this section.