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Change Of Registered Office Address

 

 

Every company registered under that Act is required to maintain an approved registered office in Western Australia. The registered office must also be accessible to the public for at least 4 hours a day on at least 2 days each week. Clearly, a post office box address is not acceptable as a registered office address.

 

To change the details of a company's registered address, including the days and hours during which it is accessible to the public, a co-operative must:

  • notify the Registrar within 14 days of the change being made (Form 39 is used for this purpose), and
  • at the company's cost, advertise the change in both the Government Gazette and in a daily newspaper circulating in Perth (or in that part of WA where the office is situated) within a further 14 days after the Registrar is notified.

Please note that it is not sufficient to note or advise a change of a registered office address on the Annual Return documents.

The full text of section 99 of the Companies (Co-operative ) Act 1943 is set out below for further information:

Section 99 - Registered office of company

  1. Every company shall, as from the day on which it begins to carry on business, or as from the 14th day after its incorporation, whichever is earlier, have a registered office in the State, to be approved of by the Registrar.
  2. All communications and notices to the company may be addressed to the company at its registered office.
  3. The registered office of a company shall be accessible to the public for not less than 4 hours between the hours of 8.00 a.m. and 10.00 p.m. each day on at least 2 days in each week.
  4. Notice of the situation of such registered office, the days and hours during which it is accessible to the public, and of any change therein shall be filed with the Registrar within 14 days after the date fixed by subsection (1), or after the change, as the case may be, who shall, subject to the same being approved by him in the case of a change of the registered office, record the same and notify the company thereof, and shall, within 14 days of the notification by the Registrar of the recording thereof be advertised by the company in the Government Gazette and in one daily newspaper published in Perth or in any part of the State in which such office is situated.
  5. The inclusion in the annual return of a company of a statement as to the address of its registered office shall not be taken to satisfy the obligation imposed by subsection (4).
  6. Until such notice is given, the company shall not be deemed to have complied with the provisions of this Act with respect to having a registered office.
  7. If a company fails to comply with any requirement of this section, the company and every officer of the company who is in default shall be liable to a fine not exceeding $100.