Bearer shares
(1) A bearer of a bearer share in a company registered under this Part may surrender the share to the company. The company must: (a) cancel the share; and (b) include the bearer’s name in the company’s register of members. (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) The company is liable to compensate anyone who suffers a loss because the company includes the bearer’s name in the company’s register of members despite the fact that: (a) the share was not surrendered to the company; or (b) the company failed to cancel the share. (3) Subject to this section, the constitution of a company registered under this Part may provide that the bearer of a bearer share in the company is taken to be a member of the company for all purposes or for specified purposes. Note: A body must not issue bearer shares after it is registered as a company under this Part (see paragraph 254F(a)).
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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