Questions for corporations

Is this just for businesses?

No. Owners, occupiers or rate-paying lessees of all rateable property within the City of Sydney Local Government Area may be eligible.

This includes residential and business properties, where the owner, occupier or rate-paying lessee is enrolled to vote as a resident outside the City of Sydney Local Government Area.

Corporations are eligible to nominate up to 2 representatives.

What is a ‘corporation’?

Your organisation is a corporation if it is established as a body corporate under current legislation, for example a corporation established as such under the Corporations Act 2001, a trade union established under the Industrial Relations Act 1996 (NSW) or an incorporated association registered under the Associations Incorporations Act 2009 (NSW) . For further clarification we suggest you seek your own legal advice. Alternatively, submit the required forms to the City and we will process them, in order to determine eligibility.

Note for corporations: You may nominate or participate in the nomination of up to 2 representatives to join the register (regardless of how many properties you own, occupy or lease). Your nominated representatives must be company secretaries or directors or the equivalent (for example an office holder of a trade union registered under the Industrial Relations Act 1996 (NSW)). The enrolled residential address of nominated representatives must not be within the City of Sydney Local Government Area and they must be otherwise eligible to be on the roll.

Do corporations get 2 votes?

In the City of Sydney Local Government Area, corporations which own, occupy or lease rateable property are entitled to nominate up to 2 representatives who will be eligible to vote in future elections.

Their representatives must be a company officer (or equivalent), not enrolled to vote as a resident of the City of Sydney Local Government Area and be entitled to vote in State or Commonwealth elections.

Where a corporation does not have 2 eligible company officers, such as where the corporation has a sole company officer, or its officers are residents, less than 2 individuals will be registered.

Sole director resides within the City of Sydney do I have to join the register?

No. 

Do corporations get votes for every property interest they hold?

No. A corporation may only participate in 1 nomination at any one time, regardless of how many properties they have an interest in.

Can someone who is already on the residential roll be a corporation representative on the non-residential role?

No. A corporation cannot appoint as its representative any person who is already on the City of Sydney electoral roll as a resident, owner, occupier or representative of another corporation.

Where the City of Sydney cannot accept a nominated representative, the corporation will be advised in writing.

Check your eligibility    

We are the sole corporation owner of an office building. Who should register?

The corporation owner is entitled to up to 2 representatives as owner of the building, provided they have:

  • 2 eligible company secretaries or directors, and
  • the corporation has not already nominated in relation to another property in the City of Sydney's Local Government Area, and
  • nominees that are not already enrolled on the residential roll of the City of Sydney.

If the building is occupied by other people or corporations, they may be entitled to register as occupiers or rate paying lessees. Council will ask you for information about your occupiers and/or rate paying lessees in order to identify eligibility.  

We jointly own a property with another corporation. Who should register?

The corporation owners will need to jointly make a nomination of 2 eligible company officers (that is, company secretaries or directors). Use Form F to do this.

What if corporations do not nominate representatives?

Where a corporation is the sole owner, occupier or rate-paying lessee of any rateable property within the City of Sydney Local Government Area and has not appointed 2 representatives by nomination cut-off date, the City’s CEO is required by law to deem up to 2 representatives who are current company officers (or equivalent).

If the corporation has a sole director or secretary then only 1 representative can be nominated.

Deemed representatives are firstly the company secretaries in alphabetical order by surname and then the company directors in alphabetical order by surname.

Do we still need to register if the CEO has the power to deem representatives?

Yes.

How will I be notified if deemed?

You will be notified in writing by the City of Sydney.

Last updated: Monday, 4 July 2016