Section 153(1) and (2) Corporations Act 2001 | Using a Name and CAN on Documents


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Section 153(1) and (2) of the Corporations Act 2001 (Cth) is ‘Using a Name and CAN on Documents’ 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 153(1) and (2) of the Corporations Act 2001 (Cth) is Using a Name and CAN on Documents and reads as follows:

Using a Name and ACN on Documents

(1)  A company must set out its name on all its public documents and negotiable instruments.

(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 penalties

The maximum penalty for the offence of breaching Using a Name and CAN on Documents 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.