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Shareholder Meeting – Register of Attendance

There is nothing in our constitution or the Corporations Act which requires an Attendance Register to be drawn up/completed for shareholders attending a general meeting – other than in special situations as noted below.

It seems from asking around – including with the professional share registries – that the use of such register is primarily as a checking mechanism to have attendees state in writing who they are/represent (eg, as proxy) to assist with verifying their right to attend. And despite the need for the register to be filled in [and signed] it is not customary to ask for identification or other form of ‘proof’ that they are in fact the said person.

Attendance Register

The format of register can vary, depending on the circumstances, but if we take the ASIC forms required under special situations as a guide then a typical register could have the following headings:

Special Situations

There are however some situations in the Act which are best complied with through the use of an Attendance Register. In particular, when a company is being wound up (eg, through a liquidation) Regulation 26.6.27(2) requires a record of those people present at a meeting – of shareholders and/or creditors – in person, by proxy or attorney, to be prepared and kept in accordance with Form 531A, B or C as applicable.

*Originally written by Company Secretary, an Australian virtual company secretary service.

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