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Registers of members and option holders

How long should Australian businesses keep registers of members and option holders, and when does the clock start?

Keep forFormer members: 7 years
Clock startsThe person stopped being a member
Applies toCompanies

General information, not legal advice or permission to destroy a record. Coverage may be incomplete or out of date. Check the official text, other applicable obligations and any investigations, disputes or legal holds before disposal. Get advice for your situation. Terms of use.

Under the Corporations Act 2001, companies must keep registers of members and option holders for at least Former members: 7 years. Clock starts: the person stopped being a member.

The register of members, the register of option holders, and copies of documents granting options.

4 provisions of the Corporations Act 2001 apply to these records. Each one is set out below.

The terms

s 169(7)Corporations Act 2001
7 years
the date on which the person stopped being a member
s 168(1)Corporations Act 2001
No period stated
Start not stated
s 170(1)Corporations Act 2001
No period stated
Start not stated
s 170(3)Corporations Act 2001
No period stated
Start not stated

Conditions and exceptions Caution

From the provisions:

  • Register of option holders required only if the company or scheme grants options over unissued shares or interests
  • Register of debenture holders required only if the company issues debentures
  • Subsection (3) does not apply if the option is listed for quotation on a declared financial market.

The law

Corporations Act 2001, s 169(7) · Register of membersOfficial text ↗
A register of members must also show: (a) the name and details of each person who stopped being a member of the company or scheme within the last 7 years; and (b) the date on which the person stopped being a member.
Text as at 19 September 2026
Corporations Act 2001, s 168(1) · Registers to be maintainedOfficial text ↗
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).
Text as at 19 September 2026
Corporations Act 2001, s 170(1) · Register of option holders and copies of options documentsOfficial text ↗
The register of option holders must contain the following information about each holder of options over unissued shares in the company or unissued interests in the scheme
Text as at 19 September 2026
Corporations Act 2001, s 170(3) · Register of option holders and copies of options documentsOfficial text ↗
The company or scheme must keep with the register a copy of every document that grants an option over unissued shares or interests.
Text as at 19 September 2026

Other terms that apply to these records

This page covers registers of members and option holders on their own. The same file is often caught by other laws as well, with different periods and start dates. See why a legal term is not a schedule.

3 records. 3 sets of rules. They don't agree.

One business file can hold all of these at once.

Registers of members and option holders7yCorporations Act 2001, s 169(7), s 168(1), s 170(1), s 170(3) · the person stopped being a member
Minute books and resolutionsKeepCorporations Act 2001, s 251A(1) and (5) · no end point stated
Personal information no longer neededDestroyPrivacy Act 1988, Schedule 1, APP 11.2, APP 4.3 · no longer needed for any permitted purpose

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