CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 209 Register and index of members

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 209

209. (1) A company shall keep a register of its members and enter in that
register:

   (a)  the names and addresses of the members;

   (b)  in the case of a non-listed company having a share capital-in relation
        to each member:

        (i)    if the member holds shares in the company beneficially-a
               statement of the shares that the member so holds; and

        (ii)   if the member holds shares in the company non-beneficially-a
               statement of the shares that the member so holds and, in
               relation to that statement, a notation to the effect that the
               member holds the shares non-beneficially within the meaning of
               this section;

   (c)  in the case of a listed company having a share capital-a statement of
        the shares held by each member;

   (d)  the date at which the name of each person was entered in the register
        as a member;

   (e)  the date at which any person who ceased to be a member during the
        previous 7 years so ceased to be a member; and

   (f)  in the case of a company having a share capital, the date of every
        allotment of shares to members and the number of shares comprised in
        each allotment.

(2) A statement in the register of members of a company, being a statement of
shares held by a member, shall:

   (a)  distinguish each share by its number (if any) or by the number (if
        any) of the certificate evidencing the member's holding; and

   (b)  set out the amount paid, or agreed to be considered as paid, on the
        shares.

(3) Notwithstanding subsections (1) and (2), where a company has converted any
of its shares into stock and given notice of the conversion to the Commission,
the company shall enter in its register of members:

   (a)  in the case of a non-listed company-in relation to each member who
        holds stock:

        (i)    if the member holds stock beneficially-a statement of the
               amount of stock, or of the number of stock units, as the case
               requires, that the member so holds; and

        (ii)   if the member holds stock non-beneficially-a statement of the
               amount of stock, or of the number of stock units, as the case
               requires, that the member so holds and a notation to the effect
               that the member holds the stock non-beneficially within the
               meaning of this section; or

   (b)  in the case of a listed company-a statement of the amount of stock, or
        of the number of stock units, as the case requires, held by each
        member who holds stock; and shall alter or delete accordingly the
        statements in the register that relate to shares held by members.

(4) For the purposes of paragraphs (1) (b) and (c) and of subsections (2) and
(3), where 2 or more persons jointly hold shares in a company, whether or not
any of the persons holds any other shares in the company, the persons shall
together be deemed, in relation to the first-mentioned shares, to be a member
of the company.

(5) In determining for the purposes of subsections (1) and (3) whether a
member of a non-listed company holds shares in the company beneficially or
non-beneficially, regard shall be had only to prescribed information in
relation to the company.

(6) Where:

   (a)  an instrument of transfer of shares in a company includes a notice of
        the kind referred to in paragraph 208 (1) (c) and is lodged with the
        company for registration of the transfer; and

   (b)  the company registers the transfer; the information contained in the
        notice shall be taken, for the purposes of subsection (5) of this
        section, to be prescribed information in relation to the company.

(7) Information contained in a notice given to a non-listed company under
subsections 208 (3), (4), (5) and (6), or in a statement furnished to a
non-listed company pursuant to a notice given to a person under section 718 or
719, shall be taken, for the purposes of subsection (5) of this section, to be
prescribed information in relation to the company.

(8) Notwithstanding anything in subsection (1), a company may keep the names
and particulars relating to persons who have ceased to be members of the
company separately, and the names and particulars relating to former members
need not be supplied to a person who applies for a copy of the register unless
he specifically requests the names and particulars of former members.

(9) The register of members is prima facie evidence of any matters inserted in
that register as required or authorised by this Act.

(10) A company having more than 50 members shall, unless the register of
members is in such a form as to constitute in itself an index, keep an index
in convenient form of the names of the members and shall, within 14 days after
the day on which any alteration is made in the register of members, make any
necessary alteration in the index.

(11) The index shall, in respect of each member, contain a sufficient
indication to enable the account of that member in the register to be found
readily.

(12) If default is made in complying with this section, the company and any
officer of the company who is in default are each guilty of an offence.

(13) In this section:

"listed company" means a company that is a company for the purposes of Part
6.7;

"non-listed company" means a company other than a listed company.