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The Corporations Act 2001 is an Act of the Parliament of Australia, which sets out the laws dealing with business entities in Australia. The company is the Act's primary focus, but other entities, such as partnerships and managed investment schemes, are also regulated.
Australian corporations law has historically borrowed heavily from UK company law. Its legal structure now consists of a single, national statute, the Corporations Act 2001. [1] The statute is administered by a single national regulatory authority, the Australian Securities & Investments Commission (ASIC). [2]
Directors also have duties under Corporations Act 2001: Section 181: Mirrors the general law duty to act in good faith, in the best interests of the company and for proper purpose. Section 182: Duty not to misuse position to gain advantage; Section 183: Duty not to misuse information to gain advantage [5]
Corporations Act 2001 (Corporations Act) Insurance Contracts Act 1984; National Consumer Credit Protection Act 2009 (National Credit Act) Additionally, ASIC is also responsible for administering parts of the following legislation: [3] Banking Act 1959; Life Insurance Act 1995; Medical Indemnity (Prudential Supervision and Product Standards) Act ...
The law in this area is principally governed by the Corporations Act 2001. Under Australian law , the term insolvency is usually used with reference to companies, and bankruptcy is used in relation to individuals. [ 1 ]
The important reforms to the Corporations Act included: changes to continuous disclosure offence provisions, including giving ASIC the power to issue infringement notices. changes to financial reporting, including requiring the CEO and CFO sign-off to the board, and Management Discussion & Analysis (MD&A) disclosure in the Annual Report.
In Australia, a proprietary company is defined under section 45A(1) of the Corporations Act 2001 (Cth). [1] The Act puts certain restrictions on proprietary companies such as not permitting them to have more than 50 members (shareholders). Another important restriction relates to fundraising.
In Australia, the relevant provisions for effecting a scheme of arrangement or reconstruction are located in Part 5.1 of the Corporations Act 2001 (Cth). Section 411(1) states that where a company and its creditors or shareholders propose a compromise or arrangement, the court can order a meeting or the creditors or shareholders.