CORPORATIONS ACT 2001

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 this jurisdiction.

601CM(2)   [ Request by member resident in this jurisdiction]  

If a member of a registered foreign company is resident in this jurisdiction and requests the foreign company in writing to register in a branch register kept under subsection (1) shares held by the member, then:


(a) if the foreign company already keeps a register under subsection (1) - the foreign company must register in that register the shares held by the member; or


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


(i) keep at its registered office or at some other place in this jurisdiction 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 branch register]  

Subject to this section, a registered foreign company may discontinue a register kept under subsection (1) and must, if it does so, transfer all entries in that register to a register of members kept outside Australia.

601CM(5)   [ Written consent of member]  

If shares held by a member of a registered foreign company who is resident in this jurisdiction are registered in a register kept by the foreign company under subsection (1), the foreign company must not discontinue that register without that member's written consent.


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