THE CORPORATIONS LAW

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES

PART 5B.2 - REGISTRABLE BODIES

Division 2 - Foreign companies

SECTION 601CM   REGISTER OF MEMBERS OF FOREIGN COMPANY  

601CM(1)  [Branch register of members]  

A registered foreign company that has a share capital may cause a branch register of members to be kept in Australia.

601CM(2)  [Request by Australian resident]  

Where a member of a registered foreign company is resident in Australia and requests the foreign company in writing to register in a branch register in Australia shares held by the member, then:

(a)  if the foreign company already keeps an Australian register - the foreign company shall register in that register the shares held by the member; or

(b)  otherwise - the foreign company shall, within 1 month after receiving the request:

(i) keep at its registered office or at some other place in Australia a branch register of members; and

(ii) register in that register the shares held by the member.

601CM(3)  [Exception]  

Subsection (2) does not apply in relation to a foreign company whose constitution prohibits any invitation to the public to subscribe for, and any offer to the public to accept subscriptions for, shares in the foreign company.

601CM(4)  [Discontinuation of Australian register]  

Subject to this section, a registered foreign company may discontinue its Australian register and shall, if it does so, transfer all entries in that register to a register of members kept outside Australia.

601CM(5)  [Written consent of member]  

Where shares held by a member of a registered foreign company who is resident in Australia are registered in the foreign company's Australian register, the foreign company shall not discontinue that register without that member's written consent.