§ 63B — Lodgment of documents in relation to allotment

63B.—(1) Where shares are allotted by a company as fully or partly paid up otherwise than in cash and the allotment is made pursuant to a contract in writing, the company must lodge with the return of allotment the contract evidencing the entitlement of the allottee or a copy of any such contract certified as prescribed.[36/2014]

(2) If a certified copy of a contract is lodged, the original contract duly stamped must if the Registrar so requests be produced at the same time to the Registrar.[36/2014]

(3) Where shares are allotted as fully or partly paid up otherwise than in cash and the allotment is made —(a)

pursuant to a contract not reduced to writing;

(b)

pursuant to a provision in the constitution; or

(c)

in satisfaction of a dividend declared in favour of, but not payable in cash to, the shareholders, or in pursuance of the application of moneys held by the company in an account or reserve in paying up unissued shares to which the shareholders have become entitled,

the company must lodge with the Registrar the document specified in subsection (4) within the time specified in subsection (5).

[36/2014]

(4) The document referred to in subsection (3) is —(a)

a statement of prescribed particulars; or

(b)

in lieu of the statement, where the shares are allotted pursuant to a scheme of arrangement approved by the Court under section 210, a copy of the order of the Court.[36/2014]

(5) The company must lodge the document specified in subsection (4) at the same time and together with the return of allotment.[36/2014]

(6) If default is made in complying with this section, every officer of a company who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $4,000 and to a default penalty of $250.[36/2014]

—(1) Where shares are allotted by a company as fully or partly paid up otherwise than in cash and the allotment is made pursuant to a contract in writing, the company must lodge with the return of allotment the contract evidencing the entitlement of the allottee or a copy of any such contract certified as prescribed.[36/2014]

(2) If a certified copy of a contract is lodged, the original contract duly stamped must if the Registrar so requests be produced at the same time to the Registrar.[36/2014]

(3) Where shares are allotted as fully or partly paid up otherwise than in cash and the allotment is made —(a)

pursuant to a contract not reduced to writing;

(b)

pursuant to a provision in the constitution; or

(c)

in satisfaction of a dividend declared in favour of, but not payable in cash to, the shareholders, or in pursuance of the application of moneys held by the company in an account or reserve in paying up unissued shares to which the shareholders have become entitled,

the company must lodge with the Registrar the document specified in subsection (4) within the time specified in subsection (5).

[36/2014]

(4) The document referred to in subsection (3) is —(a)

a statement of prescribed particulars; or

(b)

in lieu of the statement, where the shares are allotted pursuant to a scheme of arrangement approved by the Court under section 210, a copy of the order of the Court.[36/2014]

(5) The company must lodge the document specified in subsection (4) at the same time and together with the return of allotment.[36/2014]

(6) If default is made in complying with this section, every officer of a company who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $4,000 and to a default penalty of $250.[36/2014]