Law applied in place of incorporation applicable law in determining questions relating to status of foreign corporation etc
7 Law applied in place of incorporation applicable law in determining questions relating to status of foreign corporation etc
The section applies in relation to the determination of a question arising under Australian law (including a question arising in a proceeding in an Australian court) where it is necessary to determine the question by reference to a system of law other than Australian law.
Any question relating to whether a body or person has been validly incorporated in a place outside Australia is to be determined by reference to the law applied by the people in that place.
Any question relating to:
the status of a foreign corporation (including its identity as a legal entity and its legal capacity and powers); or
the membership of a foreign corporation; or
the shareholders of a foreign corporation having a share capital; or
the officers of a foreign corporation; or
the rights and liabilities of the members or officers of a foreign corporation, or the shareholders of a foreign corporation having a share capital, in relation to the corporation; or
the existence, nature or extent of any other interest in a foreign corporation; or
the internal management and proceedings of a foreign corporation; or
the validity of a foreign corporation’s dealings otherwise than with outsiders;
is to be determined by reference to the law applied by the people in the place in which the foreign corporation was incorporated.
A matter mentioned in subsection (2) or (3) is not to be taken, by implication, to limit any other matter mentioned in those subsections.
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