513 registered office a company must have a

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5.1.3 Registered office: A company must have a registered office under s 142(1) to communicate in regards to notices. Under s 121 of Corporations Act, the address given the on the application will be the address registered office of the business[ CITATION Han11 \l 3081 ]. If the address of the business is different and not occupied by the business than ASIC must be provided under s 143(1) written consent from the occupier giving consent to use their address as a business address[ CITATION Lip03 \l 3081 ]. 5.1.4 Running of the company: After the company registration, a company must appoint a director ordinarily residing in Australia with their consent as per s 204A (1)[ CITATION Han11 \l 3081 ]. Director must act with care, skill and diligence while performing its duty[ CITATION Pen13 \l 3081 ]. Under s180, s 182 and s 183 the directors’ duties are reinforced as well as directors’ duty to avoid conflicts[ CITATION Har11 \l 3081 ]. One of the cases Donoghue v Stevenson (1932) clarifies the fact that directors must act according to the sections mentioned in the Corporate Act above. The lack of care of duty in this case to ensure that product in the market was safe for the consumers to consume landed the director of the company to be sued[ CITATION Ver98 \l 3081 ]. ASIC reinforces the directors’ duty as to act honestly, carefully, be aware of the day to day running of the company, take extra care in handling money as it might be someone else’s 13
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money, pay outstanding debt on time and keep the record the financial states[ CITATION You13 \l 3081 ]. 5. 2 Change of Company Name: The company name can be changed only if name of the company is available and not already registered as well as it is generally acceptable[CITATION ASI13 \l 3081 ]. The Corporations Act s 157(3) clarifies that the company name must be available; ASIC must be provided with approved change of the name application and copy of special resolution under s 157(1) and (2) [ CITATION Lip03 \l 3081 ]. Once the application has been submitted, the notification of resolution form 205 needs to be submitted. The ASIC will notify with accept or reject of the proposal[ CITATION ASI13 \l 3081 ]. The changing of the company names are dealt with in s 157-161[ CITATION Tom02 \l 3081 ]. Under s 157(2) the company cannot change its name after the process of winding up starts[ CITATION Lip03 \l 3081 ]. The case in HDT Special Vehicle (AUST) Pty Ltd (1991) , where the company tried to change its name between date of application to change its name to date of winding up the order. The decision on this was of; purported special resolution to change its company name was insignificant due to winding up of the company deemed to have already begun. 5.2.1 How to lodge change of name: There are number of ways to lodge a business: (a) apply online or (b) fill in the form. There are number of form can be filled depending the requirement of the business such as cease of the officeholders and cancel shares 484[ CITATION ASI13 \l 3081 ].
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