[COM 57] Application for registration57 

57

(1) A foreign company must within 28 days of establishing a place of business in Fiji, apply to the Registrar for registration under this Part using the prescribed form accompanied by the following in English—

• (a)a certified copy or if a certified copy cannot be obtained, a copy of the instrument and a statutory declaration confirming it is a true and correct copy of the charter, statutes or memorandum and articles of the company or other instrument constituting or defining the constitution of the company, and, if the instrument is not written in the English language, a certified translation of the document;
• (b)a list of its directors or equivalent officers, containing particulars with respect to its directors that are equivalent to the particulars that are required by this Act to be contained in the register of the directors and secretaries of a foreign company registered under this Act;
• (c)a statement of all subsisting charges excluding charges in relation to property solely situated outside Fiji;
• (d)the names and postal addresses of a local agent and a written statement that is in the prescribed form and is made by the local agent; and
• (e)the full address of its registered office or principal place of business.

(2) Without limiting the application of the Personal Property Securities Act 2017, if any charge, being a charge which ought to have been included in the statement required under subsection (1)(c), is not so included, it shall be void as regards property in Fiji against the liquidator and any creditor of the foreign company.

[subs (2) am Act 45 of 2017 s 114 and Sch, effective 31 May 2019]

(3) The Registrar must grant the application and register the foreign company under this Part by entering the foreign company’s name in a register kept for the purposes of this Part if the foreign company’s company name can be registered under this Part.

(4) Where a foreign company has, before 1 January 1984, delivered to the Registrar the documents and particulars required by the corresponding provision of any of the repealed Acts, it shall, subject to the provisions of that repealed Act in accordance with which such documents and particulars were so delivered and of this Act, have the same power to hold land in Fiji as if it were a foreign company registered under this Act.