AGY-26 | Companies Office

Full description

Under the Companies Act of 1961(Act No 71, 1961), authority was vested 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". In addition, any references made to the Registrar General " in relating to any matter under or in connection with this Act " (2) was to be taken to refer to the Registrar of Companies. In December 1962 the Companies Office was established, and took over the records previously held by the Companies Branch of the Registrar General's Department.(3) Thus the companies function was severed from the administrative control of the Registrar General and the first Registrar of Companies appointed.

Between 1962 and 1970 the Companies Office remained a sub department of the Attorney General and of Justice. (4)

The Securities Industry Act, 1970 (Act No. 35, 1970), provided for the appointment of a Commissioner of Corporate Affairs who "constituted a corporation sole under the corporate name of "Corporate Affairs Commission."(5) On 15 April 1970 the Corporate Affairs Commission came into existence and responsible for the administration of the Act.(6)The Registrar of Companies was deemed to be the Commissioner for Corporate Affairs until a permanent appointment was officially made (7)

The Companies Office continued to administer the function of company Registration until the Securities Industry (Amendment ) Act, 1971 transferred the functions of the Companies Office to the Corporate Affairs Commission. Section 5 of the Securities Industry Act, 1970 was proclaimed on 26 May, 1971. (8) On 1 June 1971 the Office of the Registrar of Companies ceased to exist, the Companies Office was abolished, and the Corporate Affairs Commission came into full operation, headed by a Commissioner and two Assistant Commissioners. (9)


FOOTNOTES
(1) Companies Act, 1961 s.7(1)
(2) Companies Act, 1961 s.7(5)
(3) ?
(4) Needs checking
(5) Securities Industry Act, 1970 s. 5(1)
(6) Attorney General and Justice "Outline", 1971 p.33.
(7) Attorney General and Justice "Outline", 1970 p.15
(8) NSW Government Gazette, 28 May, 1971 p. 1756
(9) Attorney General and Justice "Outline", 1971 p.33.


REFERENCES
(1) Archives Authority of NSW, "The Concise Guide" 2nd Edition. "Registrar General". Sydney, The Authority, 1992.
(2) Attorney General and Justice "Outline", 1968 - 1971.