Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every company to
which this Part applies shall, within 28 days from the date of
commencement to carry on business, or, in the case of companies carrying on
business in this State, at the time of commencement of this Act within the
times provided in this section, register under this Part and file with the
Registrar for registration: —
(a) a
certified copy of the certificate of incorporation of the company or a
document of similar effect;
(b) a
certified copy of the charter, statute, or memorandum and articles of the
company or other instrument constituting or defining the constitution of the
company, and if the instrument is not written in the English language a
certified translation thereof;
(c) a
list of the directors of the company normally resident in the Commonwealth of
Australia and of the directors in this State, if any, containing such
particulars with respect to the directors as are by this Act required to be
contained with respect to directors in the register of the directors of a
company incorporated under this Act;
(d) a
memorandum of appointment under the seal of the company or executed in such
manner as to be binding on the company and, in either case, verified in the
prescribed manner stating the name and address of some one or more persons
resident in this State authorised to accept on behalf of the company service
of process and any notices required to be served on the company, which person
shall be deemed to be the agent of such company for the purposes of this Act.
The memorandum of appointment required by this paragraph may be by power of
attorney. Where the appointment is made by some person duly authorised in
manner aforesaid in that behalf by the company an original copy of the deed
granting such power or authority shall be produced to the Registrar, who shall
retain the same or a copy thereof certified under the hand of the Registrar to
be a true copy, and such copy shall for all purposes be deemed to be an
original;
(e)
notice of the situation of its registered office as required by
section 330;
(f) a
statutory declaration, made and signed by the agent of the company in the form
contained in the Form D of the Thirteenth Schedule, or to the like effect.
(2) Every company
incorporated outside of this State which before the commencement of this Act
(whether it has complied with Part VIII of the Companies Act 1893 3 , or
not) commenced or carried on business in this State, shall, within the times
specified in subsection (3), so far as it has not already done so, file
with the Registrar the documents and particulars specified in the last
foregoing subsection:
Provided that where a
company has, prior to the commencement of this Act, complied with Part VIII of
the Companies Act 1893 3 , a power of attorney duly filed as
therein required and not revoked shall be deemed to have the same effect as if
a memorandum as required by subsection (1)(d) and a declaration under
paragraph (f) of the said subsection had been duly filed.
(3)(a) Every company
referred to in subsection (2) incorporated outside of this State but
within the Commonwealth of Australia shall comply with subsection (2)
within 6 months from the date of the commencement of this Act:
Provided that until
the expiration of the period aforesaid a company which has, prior to the
commencement of this Act, complied with Part VIII of the Companies
Act 1893 3 , shall be deemed to have complied with the provisions
of this Part.
(b)
Every company referred to in subsection (2) incorporated outside of this
State and outside of the Commonwealth of Australia shall comply with
subsection (2) within 12 months from the date of the commencement of this
Act:
Provided that until
the expiration of the period aforesaid, a company which has, prior to the
commencement of this Act, complied with Part VIII of the Companies
Act 1893 3 , shall be deemed to have complied with the provisions of this
Part.
[Section 329 amended by No. 47 of 1949
s. 21; No. 28 of 2006 s. 66(2).]