AGY-25 | Companies Branch

Full description

The Registration of Companies according to the Companies Act, 1899 (Act No 40, 1899) , was undertaken by "such registrars, assistant-registrars, clerks and servants" (1) as the Governor thought necessary. The Governor was also empowered to " make regulations with respect to the duties to be performed by such registrars" ... and to "determine the places at which offices for the registration of companies (were) to be established." (2) Registration documents were to be retained by the office and public had the right of inspection on the payment of a fee and of purchasing certified copies. (3)

Between 1899-1955 the function of company registration was administered by the Companies and Firms Division of the Deeds Branch of the Registrar General's Department. (4) In conjunction with administering the Companies Act this Branch was also responsible for legislation concerning business names, firstly the Registration of Firms Act, Act No.100, 1902 (5) and secondly the Business Names Act, Act No. 50, 1934. (6) These Acts contained elaborate provisions regarding the type of business name which might be registered disallowing titles which could be considered blasphemous or offensive or had previously been used.

The Companies Act, Act No. 33, 1936 (7) increased the number and detail of the documents which companies were required to deposit with the Registrar General. The Act also provided for the incorporation of proprietary companies. A separate Companies Branch was established in 1955. (8)

The Companies Act, Act No. 71, 1961 (9) vested authority in the Governor to appoint a Registrar of Companies 'to have the charge and control of the Companies Office and to carry out the duties and functions of the Registrar'. (10) In addition, any references made to the Registrar General in "relating to any matter under or in connection with this Act" (11) was to be taken to refer to the Registrar of Companies. The Registrar of Companies took over the records previously held by the Companies Branch of the Registrar General's Department. The Companies Regulations of 1962 flowing from the 1961 Act commenced on 1 July 1962. (12) Before these regulations came into force the Business Names Act of 1934 was repealed by the Business Names, Act No. 11, 1962 (13) which defined a more contemporary set of business naming conventions for the Registrar of Companies to follow.



FOOTNOTES
(1) Companies Act, 1899 s.166 (a)
(2) Ibid s. 166 (b)
(3) Ibid s. 166 (c)
(4) Public Service Lists 1899 - 1954 (various years)
(5) Assented to 17 December 1902, New South Wales Government Gazette, Vol. 6, 23 December 1902, p.9148.
(6) Assented to 27 December 1934, New South Wales Government Gazette, Vol. 1, 4 January 1935, p. 58.
(7) Assented to 22 July 1936, New South Wales Government Gazette, Vol. 3, 31 July 1936, p. 3282.
(8) Registrar General's Report, 1955-1956, p.4.
(9) Assented to 27 December 1961, New South Wales Government Gazette, 5 January 1962, p. 13.
(10) Companies Act, 1961 s. 7 (1)
(11) Companies Act, 1961 s. 7 (5)
(12) New South Wales Government Gazette, Vol. 2, 21 June 1962, p. 1741-1794.
(13) Assented to 21 May 1962, New South Wales Government Gazette, Vol. 2, 25 May 1962, p. 1483.



REFERENCES
(1) Archives Authority of NSW, "The Concise Guide" 2nd Edition. "Registrar General". Sydney, The Authority, 1992.
(2) Official Yearbook, 1953 & 1955.
(3) Public Service List, 1955 - 1960.
(4) Registrar- General's Annual Report,, "Department: Returns of Transactions under statutes administered by the Registrar-General", 1928 in
(5) Registrar- General's Annual Report,, "Department: Returns of Transactions under statutes administered by the Registrar-General" in Parliamentary Papers 1948-49-50 pp. 1103-14.
(6) Robert Crundwell, Hilary Golder, Robert Wood, 'From Parchments to Passwords: A History of the Land Titles Office', Hale & Iremonger, Sydney 1995.
(7) 'What's in a Business name?', Progress Vol. 2, No.1, November 1962, p. 2-5.
(8) 'Know Your Departments, 13. Attorney General and Justice', Progress Vol. 4, No. 1, November 1964, p. 23-20.