Chapter 2: Formation, Administration and Dissolution of Companies
Part E: Securities registration and transfer
s50: Securities register and numbering
- (1) Every company must:
- (a) establish or cause to be established a register of its issued securities in the prescribed form; and
- (b) maintain its securities register in accordance with the prescribed standards.
- (2) As soon as practicable after issuing any securities a company must enter or cause to be entered in its securities register, in respect of every class of securities that it has issued:
- (a) the total number of those securities that are held in uncertificated form; and
- (b) with respect to certificated securities;
- (i) the names and addresses of the persons to whom the securities were issued;
- (ii) the number of securities issued to each of them;
- (iii) the number of, and prescribed circumstances relating to, any securities;
- (aa) that have been placed in trust as contemplated in section 40(6)(d); or
- (bb) whose transfer has been restricted;
- (iv) in the case of securities contemplated in section 43 ;
- (aa) the number of those securities issued and outstanding; and
- (bb) the names and addresses of the registered owner of the security and any holders of a beneficial interest in the security; and
- (v) any other prescribed information.
- (3) If a company has issued uncertificated securities, or has issued securities that have ceased to be certificated, as contemplated in section 49(5), a record must be administered and maintained by a participant or central securities depository in the prescribed form, as the company's uncertificated securities register, which:
- (a) forms part of that company's securities register; and
- (b) must contain, with respect to all securities contemplated in this subsection, any details;
- (i) referred to in subsection (2)(b), read with the changes required by the context; or
- (ii) determined by the rules of the central securities depository.
- (4) A securities register, or an uncertificated securities register, maintained in accordance with this Act is sufficient proof of the facts recorded in it, in the absence of evidence to the contrary.
- (5) Unless all the shares of a company rank equally for all purposes, the company's shares, or each class of shares, and any other securities, must be distinguished by an appropriate numbering system.
Related Sections
s40: Consideration for shares
s43: Securities other than shares
s49: Securities to be evidenced by certificates or uncertificated
Related Regulations
R32: Company securities registers
Related Notes
No related note.
Related Forms
No related forms.