Smith Kline & French Laboratories, Australia, and Menley & James, Australia, Act 1991

1 Short title

This Act may be cited as the Smith Kline & French Laboratories, Australia, and Menley & James, Australia, Act 1991.

2 Interpretation

In this Act—

• “the Companies” means Smith Kline & French Laboratories (Australia) Limited and Menley & James (Australia) Limited, or either of them; and“Company” shall be construed accordingly;

• “date of incorporation” means the date on which the Companies become companies or (if one only is involved) the date on which the Company becomes a company, incorporated under the laws of New South Wales or the Commonwealth of Australia;

• “New South Wales” means the State of New South Wales in the Commonwealth of Australia;

• “the registrar” means the registrar or other officer performing under the Companies Act 1985 the duty of registration of companies in England.

3 Incorporation in New South Wales or Commonwealth

Subject to the laws in force in New South Wales and the Commonwealth of Australia and with such legislative, governmental or other authority as may be necessary, the Companies may become incorporated under the laws of New South Wales or the Commonwealth of Australia, whether on one date of incorporation or on separate such dates.

4 Removal from register in England

(1) (a) On the date of incorporation or as soon as reasonably practicable thereafter the Companies, or (if one only is involved) the Company, shall notify the registrar thereof by telefax, telex or cablegram and they shall also transmit to him as soon as reasonably practicable thereafter by registered or insured post a Queen’s Printer’s copy of this Act and a copy of the certificate or certificates of incorporation of the Companies (or such one of them as is involved) issued in New South Wales or in the Commonwealth of Australia.

(b) On receipt of a copy of any such certificate the registrar shall with effect from the date of incorporation strike the names of the Companies (or the name of such one of them as aforesaid) from the register in England, and from that date the provisions of the [1985 c. 6.] Companies Act 1985 (except so far as the provisions of that Act apply to oversea companies) shall not apply to the Companies (or such one as aforesaid) but the same shall (save for incorporation in New South Wales or in the Commonwealth of Australia) for all purposes be the same companies or company after the date of incorporation as before that date.

(2) The registrar shall retain and register the copy of any certificate transmitted to him under subsection (1)(a) above.