Section 153(2) of the Corporations Act 2001 (Cth) is ‘Using a Name and ACN on Documents’ and is extracted below.
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Section 153(2) of the Corporations Act 2001 (Cth) is Using a Name and ACN on Documents and reads as follows:
Using a Name and ACN on Documents
(2) Subject to sections 154 and 155, if the company’s ACN is not used in its name, the company must also set out with its name, or with 1 of the references to its name, either:
(a) the expression “Australian Company Number” followed by the company’s ACN; or
(b) if the last 9 digits of the company’s ABN are the same, and in the same order, as the last 9 digits of its ACN–the words “Australian Business Number” followed by the company’s ABN.
If the company’s name appears on 2 or more pages of the document or instrument, this must be done on the first of those pages.
Note 1: If a company has a common seal, its name and ACN or ABN must be set out on the seal (see section 123).
Note 2: A public company must display its name at its registered office. Every company must display its name at places at which the company carries on business and that are open to the public (see section 144).
Note 3: Section 149 provides that “ACN” is an acceptable abbreviation of “Australian Company Number”, and that “ABN” is an acceptable abbreviation of “Australian Business Number”.
Note 4: In any case where the company’s ACN would be used, the company’s ABN may be used instead if section 1344 is satisfied.
The maximum penalty for the offence of breaching Using a Name and ACN on Documents is:
30 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.
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