Document ID: chunk:federal_register_of_legislation:C2025C00185:section:169:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 169 (pt 1/2)
Character Range: 535128–537749

169  Register of members

General requirements
 (1) 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.

Index to register
 (2) 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.

Companies with share capital
 (3) 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
 (ea) the amount paid on the shares; and
 (eb) whether or not the shares are fully paid; and
 (f) the amount unpaid on the shares (if any).
Note 1: Transfers of shares are entered in the register under section 1071D. Section 1072E 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).
Note 3: A CCIV's register must also show the sub‑funds relevant to each share: see subsection 1222ZB(1).
 (4) 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 1 July 1998; and
 (b) the register continues to show the par values of the shares as they were immediately before 1 July 1998.
 (5) 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 1 July 1998; and
 (b) the company is not a listed company.

Non‑beneficial ownership—companies other than listed companies
 (5A) The register of a company that:
 (a) has a share capital; and
 (b) is neither a listed company (within the meaning of section 603) nor a company covered by an order under section 707;
must indicate any shares that a member does not hold beneficially.
Note: See also section 1072H (in particular, subsection 1072H(8) which contains relevant presumptions about beneficial ownership).
 (6) In deciding for the purposes of subsection (5A) whether a member holds shares beneficially or non‑beneficially, the company is to have regard only to information in