Section 172 Corporations Act 2001 | Location of Registers


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Section 172 of the Corporations Act 2001 (Cth) is ‘Location of Registers’ and is extracted below.

If you require the services of a criminal defence team that specialises in corporate crime and compliance, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our criminal defence lawyers are vastly experienced in advising and representing corporations and individuals who are facing investigations for regulatory issues and proceedings for criminal offences, and our expertise in serious and complex cases means you can rest assured of receiving the most effective legal representation whatever your situation may involve.

The Legislation

Section 172 of the Corporations Act 2001 (Cth) is Location of Registers and reads as follows: 

Location of Registers

(1)  A register kept under this Chapter that relates to a company must be kept at:

(a)  the company’s registered office; or

(b)  the company’s principal place of business in this jurisdiction; or

(c)  a place in this jurisdiction (whether of the company or of someone else) where the work involved in maintaining the register is done; or

(d)  another place in this jurisdiction approved by ASIC.

(1A)  A register kept under this Chapter that relates to a registered scheme must be kept at:

(a)  the responsible entity’s registered office; or

(b)  an office at the responsible entity’s principal place of business in this jurisdiction; or

(c)  an office in this jurisdiction (whether of the responsible entity or of someone else) where the work involved in maintaining the register is done; or

(d)  another office in this jurisdiction approved by ASIC.

Notice to ASIC

(2)  The company or scheme must lodge with ASIC a notice of the address at which the register is kept within 7 days after the register is:

(a)  established at an office that:

(i)  is not the registered office of the company or responsible entity; and

(ii)  is not at the principal place of business of the company or responsible entity in this jurisdiction; or

(b)  moved from one place to another.

Notice is not required for moving the register between the registered office and the principal place of business in this jurisdiction.

(3)  An offence based on subsection (1), (1A) or (2) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

 

The penalties

The maximum penalty for the offence of breaching Location of Registers is:

3 months imprisonment and/or 10 penalty units (a Commonwealth penalty unit is currently $210).

However, it should be kept in mind that maximum penalties are reserved for the most serious cases.

Your legal team will be able to advise you of the essential elements the prosecution would need to prove in order to establish the offence, whether those elements are capable of being established in your particular situation, the most effective and efficient way forward and the likely outcome.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.