Report on Company Law: Registration, Shares, and Regulations

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Added on  2020/05/28

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This report analyzes the legal aspects of company registration and share issuance under the Corporations Act 2001. It begins with an overview of the key sections of the Act, specifically focusing on the registration of a proprietary company, including the necessary documentation and procedures. The report highlights the importance of the company's constitution, the replaceable rules, and the role of the Australian Securities and Investments Commission (ASIC). It further examines the process of registering members and the regulations surrounding the issuance of shares, particularly preference shares, including the rights attached to them. The report provides insights into the legal framework governing company operations, offering a comprehensive understanding of the key elements of company law. This document is a valuable resource for students studying business law, providing a clear and concise explanation of the legal requirements for establishing and managing a company.
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Running head: LAW OF BUSINESS ORGANISATION
Law of Business Organization
Name of the Student
Name of the University
Author Note
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1LAW OF BUSINESS ORGANISATION
Table of Contents
Part 1................................................................................................................................................2
Register a Proprietary Company..................................................................................................2
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2LAW OF BUSINESS ORGANISATION
Part 1
Register a Proprietary Company
Constitution
General Clause
1. Interpretation and Definition Clause
The Constitution of the Company has been legislated the relevant causes which are applicable for
the organization only.
Act means Corporation Act 2001(Cth).
ASIC refers to the Australian Securities and Investment Commission.
Company shall mean and include as per this Constitution of the company (Epixmus Pty Ltd,
A.B.N. 54887895485)
Director shall mean and include a person who shall be selected by the voting system as a
director and must comply with the rules of the agreement or a person who will be appointed as a
director by the relevant authority.
Dividend has been defined any provisional or concluding dividend as per this constitution.
Member Present means a person who shall be present at the organization at the time of any
general meeting or other relevant meetings or by proxy where the member will recognized as a
corporate body.
Preference Rate includes the percentage rate.
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3LAW OF BUSINESS ORGANISATION
Prescribed Rate shall mean the percentage of rate that is calculated by the Banker of the
company.
Seal shall mean and include the official seal or common seal of the company.
Securities shall mean and include the shares as per the meaning that is stated in the
Corporation Act of 2001.
2. Registration of the Company
According to the Corporation Act 2001, the section 117 has legislated applying for
registration of a proprietary company. The application must consists with the company’s
proposed name, purpose of registration, name and details those persons who will become a
member of that company, registration number, the address of the company's proposed registered
office, and class of shares each member agrees in writing to take up and the amount which will
pay for the each of the share.
3. Replaceable Rule
Section 134 has stated the legislations about the internal management of the companies
which must governed by provisions of this act. It should applicable for the replaceable rules.
The Section 135 of the Corporation Act has defined the replaceable rule where proprietary
companies and mandatory rule for public companies, which must be registered after 1 July 1998
that repeals, or repealed its constitution after that day.
4. Registration of the members
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4LAW OF BUSINESS ORGANISATION
As per the section 169 of CA Act, members of the company can register for the proprietary
company. In the time of the registration, the documents are must consisted with the name of the
member, address and the date of entry when the registration is made.
5. Issue of Shares
As per the Sec 254A clause 2
The company can issue the preference shares only if the rights are attached with the
preference shares along with the respect for repayment of the share amount and surplus assets,
voting and profit dividends.
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