Section 1389 — Corporations Act 2001 (Cth)

(1) A certificate by ASIC (whether issued before or after the commencement) stating that a company was registered under the old Corporations Law of a State or Territory in this jurisdiction is conclusive evidence that:

(a) all requirements of that Law for the company’s registration were complied with; and

(b) the company was duly registered as a company under that Law on the date (if any) specified in the certificate.

(2) A certificate issued before the commencement under pre‑Corporations Law legislation (see subsection (3)) by the authority responsible for administering that legislation stating that a body was registered as a company under that legislation or other pre‑Corporations Law legislation is conclusive evidence that:

(a) all requirements of that legislation for the company’s registration were complied with; and

(b) the company was duly registered as a company under that legislation on the date (if any) specified in the certificate.

(3) In subsection (2):

pre‑Corporations Law legislation means legislation that was, for the purposes of the old Corporations Law of a State or Territory in this jurisdiction, a corresponding previous law in relation to that old Corporations Law.

Related sections

• s 1386 — Division has effect subject to Division 7 regulations
• s 1387 — Certain applications lapse on the commencement
• s 1388 — Carrying over the Partnerships and Associations Application Order
• s 1390 — Preservation of nomination of body corporate as SEGC
• s 1391 — Preservation of identification of satisfactory records
• s 1392 — Retention of information obtained under old corporations legislation of non‑referring State

Research how courts apply s 1389

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