Can you please help within Corporations Act 2001 (Cth) or Case Law where it states Internal Company Register (Records) of Directors and Members outweighs on what is on record with ASIC. Meaning ASIC only relies on what is given to it back the company?
NSW Director and Member Records - Corporations Act 2001 or Case Law?
- Thread starter Ronald Jemmott
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- asic corporations act
Chapter 2C - Registers of the Corporations Act:
s168 - Registers to be maintained: companies must set up and maintain certain registers (eg members).
s175 - Correction of registers: To correct a company register, application should be made to the Court.
s176 - Evidentiary value of registers: In the absence of evidence to the contrary, a register kept under this Chapter is proof of the matters shown in the register.
Combining these three, what's shown in the company registers is taken as correct unless you can show evidence to prove they are incorrect. The only way to force their correct is by court order.
s168 - Registers to be maintained: companies must set up and maintain certain registers (eg members).
s175 - Correction of registers: To correct a company register, application should be made to the Court.
s176 - Evidentiary value of registers: In the absence of evidence to the contrary, a register kept under this Chapter is proof of the matters shown in the register.
Combining these three, what's shown in the company registers is taken as correct unless you can show evidence to prove they are incorrect. The only way to force their correct is by court order.
Thank you for your help Rob. Very much appreciated.
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