Section 168 of the Corporations Act 2001 (Cth) is ‘Registers to be Maintained’ and is extracted below.
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Section 165(2) of the Corporations Act 2001 (Cth) is Registers to be Maintained and reads as follows:
Registers to be Maintained
(1) A company or registered scheme must set up and maintain:
(a) a register of members (see section 169); and
(b) if the company or scheme grants options over unissued shares or interests–a register of option holders and copies of options documents (see section 170); and
(c) if the company issues debentures–a register of debenture holders (see section 171).
Note 1A: See also section 672DA (register of relevant interests in listed company, listed registered scheme or listed notified foreign passport fund).
Note 2: The registers may be kept on computer (see section 1306).
(1A) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(2) For the purposes of this Chapter, choses in action (including an undertaking) that fall into one of the exceptions in paragraphs (a), (b), (e) and (f) of the definition of debenture in section 9 must also be entered into the register of debenture holders.
The maximum penalty for the offence of breaching Registers to be Maintained is:
3 months imprisonment and/or 10 penalty units (a Commonwealth penalty unit is currently $210).
However, it should be kept in mind that maximum penalties are reserved for the most serious cases.
Your legal team will be able to advise you of the essential elements the prosecution would need to prove in order to establish the offence, whether those elements are capable of being established in your particular situation, the most effective and efficient way forward and the likely outcome.
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