§ 42 — Saving and transitional provisions for carrying on business of providing corporate services

42.—(1) Despite anything in this Act, every person who —(a)

immediately before the section 7 commencement date, was carrying on a business of providing any corporate service;

(b)

was not required to be registered as a registered filing agent under section 31 of the ACRA Act as in force immediately before that date; and

(c)

on or after that date, would be required under section 7(1) to be registered as a registered corporate service provider to carry on that business,

may continue carrying on that business on or after the section 7 commencement date for the period mentioned in subsection (2).

(2) For the purposes of subsection (1), the period is —(a)

6 months after the section 7 commencement date; or

(b)

if the person has applied for registration as a registered corporate service provider for providing the corporate service before the expiry of the 6‑month period mentioned in paragraph (a), a period ending on the earlier of the following:(i)

the date on which the Registrar grants the registration;

(ii)

the date on which the application for registration is finally refused or withdrawn.

(3) Despite anything in this Act, a person who, immediately before the section 7 commencement date, was a registered filing agent under section 31 of the ACRA Act as in force immediately before that date is, on or after that date, treated as registered under section 8 as a registered corporate service provider for providing the corporate service mentioned in paragraph (f)(i) of the definition of “corporate service” in section 2(1) until the expiry of the period of his, her or its registration as a registered filing agent.

(4) For the purposes of subsection (3), where the registration of the person under section 31 of the ACRA Act is subject to any terms and conditions, then the deemed registration of the person as a registered corporate service provider is subject to the same terms and conditions as if those terms and conditions were imposed under section 8(3).

(5) Where —(a)

an application is made by a person for registration as a registered filing agent before the section 36 commencement date; and

(b)

the application is pending immediately before that date,

the application is treated, on or after that date, as an application made by the person to the Registrar under section 8 for registration as a registered corporate service provider for providing the corporate service mentioned in paragraph (f)(i) of the definition of “corporate service” in section 2(1).

—(1) Despite anything in this Act, every person who —(a)

immediately before the section 7 commencement date, was carrying on a business of providing any corporate service;

(b)

was not required to be registered as a registered filing agent under section 31 of the ACRA Act as in force immediately before that date; and

(c)

on or after that date, would be required under section 7(1) to be registered as a registered corporate service provider to carry on that business,

may continue carrying on that business on or after the section 7 commencement date for the period mentioned in subsection (2).

(2) For the purposes of subsection (1), the period is —(a)

6 months after the section 7 commencement date; or

(b)

if the person has applied for registration as a registered corporate service provider for providing the corporate service before the expiry of the 6‑month period mentioned in paragraph (a), a period ending on the earlier of the following:(i)

the date on which the Registrar grants the registration;

(ii)

the date on which the application for registration is finally refused or withdrawn.

(3) Despite anything in this Act, a person who, immediately before the section 7 commencement date, was a registered filing agent under section 31 of the ACRA Act as in force immediately before that date is, on or after that date, treated as registered under section 8 as a registered corporate service provider for providing the corporate service mentioned in paragraph (f)(i) of the definition of “corporate service” in section 2(1) until the expiry of the period of his, her or its registration as a registered filing agent.

(4) For the purposes of subsection (3), where the registration of the person under section 31 of the ACRA Act is subject to any terms and conditions, then the deemed registration of the person as a registered corporate service provider is subject to the same terms and conditions as if those terms and conditions were imposed under section 8(3).

(5) Where —(a)

an application is made by a person for registration as a registered filing agent before the section 36 commencement date; and

(b)

the application is pending immediately before that date,

the application is treated, on or after that date, as an application made by the person to the Registrar under section 8 for registration as a registered corporate service provider for providing the corporate service mentioned in paragraph (f)(i) of the definition of “corporate service” in section 2(1).