CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 2C - REGISTERS
History
Chapter 2C inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
SECTION 169
REGISTER OF MEMBERS
169(1)
General requirements.
The register of members must contain the following information about each member:
(a)
the member's name and address
(b)
the date on which the entry of the member's name in the register is made.
History
S 169(1) renumbered from s 216B(1) by No 61 of 1998, Sch 3 (effective 1 July 1998).
169(2)
Index to register.
If the company or scheme has more than 50 members, the company or scheme must include in the register an up-to-date index of members' names. The index must be convenient to use and allow a member's entry in the register to be readily found. A separate index need not be included if the register itself is kept in a form that operates effectively as an index.
History
S 169(2) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 169(2) renumbered from s 216B(2) by No 61 of 1998, Sch 3 (effective 1 July 1998).
169(3)
Companies with share capital.
If the company has a share capital, the register must also show:
(a)
the date on which every allotment of shares takes place; and
(b)
the number of shares in each allotment; and
(c)
the shares held by each member; and
(d)
the class of shares; and
(e)
the share numbers (if any), or share certificate numbers (if any), of the shares; and
(f)
the amount unpaid on the shares (if any).
Note 1:
Transfers of shares are entered in the register under section
1092. Section
1091C deals with the registration of trustees etc. on the death, incapacity or bankruptcy of the shareholder.
Note 2:
For the treatment of joint holders see subsection
(8).
History
S 169(3) amended by No 61 of 1998, Sch 2, Pt 3 (effective 1 July 1998).
S 169(3) renumbered from s 216B(3) by No 61 of 1998, Sch 3 (effective 1 July 1998).
169(4)
[Amount unpaid]
The register does not have to show the amount unpaid on the shares (see paragraph
(1)(f)) if:
(a)
all of the company's shares were issued before Schedule 2 of the
Company Law Review Act 1997 commenced; and
(b)
the register continues to show the par values of the shares as they were immediately before that commencement.
History
S 169(4) substituted by No 61 of 1998, Sch 2, Pt 3 (effective 1 July 1998).
S 169(4) renumbered from s 216B(4) by No 61 of 1998, Sch 3 (effective 1 July 1998).
*169(5)
[Amount unpaid]
The register does not have to show the amount unpaid on the shares (see paragraph
(1)(f)) if:
(a)
all of the company's shares were issued before Schedule 5 of the
Company Law Review Act 1998 commenced; and
(b)
the register continues to show amount of unpaid par value for the shares as they were immediately before that commencement.
History
S 169(5) inserted by No 61 of 1998, Sch 5 (effective 1 July 1998).
*CCH Note:
No 61 of 1998 added subsection (5) after subsection (4) without repealing existing subsection (5). The new sec 169(5) is reproduced below.
*169(5)
Non-beneficial ownership - companies other than listed companies.
The register of a company that:
(a)
has a share capital; and
(b)
is not a listed company;
must indicate any shares that a member does not hold beneficially.
Note:
See also section
1096A (in particular, subsection
1096A(9) which contains relevant presumptions about beneficial ownership).
History
S 169(5) amended by No 156 of 1999, Sch 3, Pt 9 (effective 13 March 2000).
S 169(5) amended by No 61 of 1998, Sch 2, Pt 3 (effective 1 July 1998).
*CCH Note:
No 61 of 1998 added subsection (5) after subsection (4) without repealing existing subsection (5). Amendments made to sec 169(5) after the commencement of No 61 of 1998 have been made to the new sec 169(5) reproduced immediately above this note.
S 169(5) renumbered from s 216B(5) by No 61 of 1998, Sch 3 (effective 1 July 1998).
169(6)
[How beneficial ownership to be decided]
In deciding for the purposes of subsection (5) whether a member holds shares beneficially or non-beneficially, the company is to have regard only to information in notices given to the company under section
1096A,
672B or
672C.
History
S 169(6) amended by No 156 of 1999, Sch 3, Pt 9 (effective 13 March 2000).
S 169(6) renumbered from s 216B(6) by No 61 of 1998, Sch 3 (effective 1 July 1998).
169(6A)
Registered schemes.
The register of a registered scheme must also show:
(a)
the date on which every issue of interests takes place; and
(b)
the number of interests in each issue; and
(c)
the interests held by each member; and
(d)
the class of interests; and
(e)
the amount paid, or agreed to be considered as paid, on the interests.
History
S 169(6A) inserted by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
169(7)
Former members.
A register of members must also show:
(a)
the name and details of each person who stopped being a member of the company or scheme within the last 7 years; and
(b)
the date on which the person stopped being a member.
The company or scheme may keep these entries separately from the rest of the register.
History
S 169(7) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 169(7) renumbered from s 216B(7) by No 61 of 1998, Sch 3 (effective 1 July 1998).
169(8)
Joint holders.
For the purposes of this section:
(a)
2 or more persons who jointly hold shares in the company or interests in the scheme are taken to be a single member of the company or scheme in relation to those shares or interests; and
(b)
2 or more persons who have given a guarantee jointly are taken to be a single member of the company.
They may also be members of the company or scheme because of shares or interests that they hold, or a guarantee that they have given, in their own right or jointly with others.
History
S 169(8) substituted by No 44 of 1999, Sch 3, Pt 2 (effective 1 July 1999).
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