What registers must an Australian company maintain under the Corporations Act 2001?

Under s 168 of the Corporations Act 2001 (Cth), Australian companies are required to maintain a register of members (shareholders) and a register of directors and secretaries. The register of members must record each member's full name and address, the date they became and ceased to be a member, the class and number of shares held, and the amount paid and unpaid on those shares (s 169). The register of officeholders must record the full name, date of birth, and residential address of each current and former director and company secretary. These registers must be made available for inspection during business hours — members may inspect without charge, others may do so on payment of a prescribed fee (s 170). Failure to maintain these registers is an offence under the Corporations Act. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

How quickly must changes to company officeholders be notified to ASIC?

Under s 205B of the Corporations Act 2001 (Cth), a company must notify ASIC of any change to an officeholder's details — including the appointment of a new director or secretary, the resignation or removal of a director or secretary, or a change in an officeholder's address — within 28 days of the change occurring. The notification is made using ASIC Form 484 (Change to Company Details) lodged via the ASIC Connect portal at connectonline.asic.gov.au. Failure to notify ASIC within 28 days is an offence that can result in a fine. The company secretary is typically responsible for ensuring that ASIC notifications are lodged on time. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

What is the PPSR and why should a company register extract include PPSR information?

The Personal Property Securities Register (PPSR) is Australia's national online register of security interests in personal property — that is, property other than land and fixtures. It is established under the Personal Property Securities Act 2009 (Cth). When a company grants a security interest to a lender (such as a bank taking a charge over all present and after-acquired property), the lender registers that interest on the PPSR. Registered security interests generally have priority over unregistered interests and over the claims of a liquidator or trustee in bankruptcy. A company register extract should include a PPSR search to identify any current registrations over the company's assets, which is essential in due diligence for any business sale, asset purchase, or financing transaction involving a company.

Where must the register of members be kept under the Corporations Act?

Under s 172 of the Corporations Act 2001 (Cth), the register of members must be kept at the company's registered office unless it is kept at another place in Australia of which ASIC has been notified. The register must be in Australia and available for inspection during the company's normal business hours. If the company's register is maintained by a share registry (which is common for listed companies), the register must still be held at an Australian address. Companies are required to notify ASIC if the register is held at a different location from the registered office. The register is a public document — any person has the right to inspect it upon payment of the prescribed fee. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

Is this company register extract the same as an official ASIC search?

No. A Company Register Extract prepared using this template is an internal company document that consolidates information from the company's own registers. It is not the same as an official ASIC search. An official ASIC company search (conducted at asic.gov.au) returns information from ASIC's publicly accessible company register, which is the authoritative source of information on a company's registration details, officeholders, and lodgement history. Parties conducting due diligence — for example, a buyer's solicitor in a business acquisition — should always obtain a current ASIC search directly from ASIC rather than relying on an internal register extract prepared by the company. ASIC company searches are available for a fee at asic.gov.au. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

Company Register Extract (Australia)

Prowadzone przez Vladislav Sergienko, Założyciel·Szablon ostatnio zmodyfikowany: 2026-06-03·Zgłoś błąd

Czym jest Company Register Extract (Australia)?

A Company Register Extract in Australia is a legally binding written instrument.

The register of members is one of the most fundamental corporate records. It serves as the authoritative record of who owns shares in the company, how many shares each person holds, the class of those shares, and the dates on which each person became or ceased to be a member. The Companies Act 2001 (Cth) requires each entry in the register to include the member's full name and address, making the register an important source of information for both the company and external parties conducting due diligence.

The register of officeholders records the details of every current and former director and company secretary — their full names, dates of birth, residential addresses, and the dates of their appointment and cessation. This register underpins the company's compliance with its ASIC notification obligations: under s 205B of the Corporations Act, any change in officeholder details must be reported to ASIC within 28 days using Form 484.

A register extract is typically prepared by the company secretary or a solicitor acting for the company for purposes such as: preparing for a due diligence review in connection with a business sale or investment; responding to a request for information from a lender or banker; presenting a governance report to the board; or establishing the current state of the registers as part of an annual compliance review.

The legal framework governing the Company Register Extract (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Company Register Extract (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.

Kiedy potrzebujesz Company Register Extract (Australia)?

A Company Register Extract is needed or strongly recommended in a number of common business situations.

Due diligence in a business sale or acquisition: When a company is being sold or a significant investment is being made, the buyer's solicitors and accountants will typically request a register extract as part of their legal due diligence. The extract provides a quick reference to the company's ownership structure, officeholder history, and any security interests over its assets — all of which are material to the transaction.

Bank and finance facility reviews: Lenders — particularly banks — periodically review the corporate records of companies to which they have provided finance. A register extract allows the company to present its current register information in an organised format that satisfies the lender's requirements.

Annual governance reviews: Best practice corporate governance calls for the company secretary or board to review the company's registers at least annually to confirm they are accurate and up to date with ASIC. Any discrepancies — such as an officeholder change that was not notified to ASIC within the 28-day time limit — should be rectified immediately.

Litigation and dispute resolution: In shareholder disputes or other corporate litigation, the register of members is often required as evidence of who holds what shares and on what dates. A register extract provides a convenient starting point, though parties to litigation typically obtain official ASIC searches and company documents as well.

Insolvency proceedings: A liquidator or administrator appointed to a company under Chapter 5 of the Corporations Act will require access to the company's registers as part of the administration process. The register of members is needed to identify creditors and contributories, and the register of officeholders is needed to identify persons with potential liability under the insolvent trading provisions of s 588G.

Co powinien zawierać Company Register Extract (Australia)

A well-prepared Australian Company Register Extract should address the following key elements.

Company identification: The extract must identify the company clearly — full registered name, ACN, ABN (if held), registered office address, state of registration, and date of registration. These details must match the information on the ASIC register.

Register of members: The extract must set out the current membership as at the extract date — each member's name and address, the class and number of shares held, and the amount paid on those shares. The total number of issued shares in each class should be stated. The extract should note the location of the register and when it was last formally reviewed.

PPSR registrations: The extract should record any current registrations on the Personal Property Securities Register over the company's assets. A PPSR search should be conducted at ppsr.gov.au immediately before preparation of the extract to confirm the information is current.

Officeholders register: The extract must identify all current directors and secretaries — their full names, dates of birth, residential addresses, and dates of appointment. Any former officeholders who ceased their roles during the relevant period should also be listed. The extract should confirm whether all required ASIC Form 484 notifications have been lodged within the 28-day time limit.

ASIC notification currency: The extract should record whether all required ASIC notifications are current and up to date — including changes to the registered office, directors, secretaries, and ultimate holding company (for companies that have one). Outstanding notifications should be identified so that they can be lodged immediately.

Certification: The extract should be certified by the company secretary or a director, confirming that the information is accurate as at the extract date and that the registers are maintained in accordance with the Corporations Act 2001 (Cth).

Additional compliance elements for a Company Register Extract (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

Najczęściej zadawane pytania

Based on Corporations Act 2001 (Cth) — Template last modified June 2026

This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

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