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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 186
Prohibition of carrying on business with fewer than statutory minimum number of members
186. (1) Where the number of members of a company (counting joint holders of
shares as one person) is reduced:
(a) in the case of a proprietary company-below 2; or
(b) in the case of any other company-below 5; and the company carries on
business for more than 6 months while the number is so reduced, a
person who, at any time when the company so carries on business after
those 6 months, is a member of the company and is aware that the
company is carrying on business with fewer than 2 or 5 members, as the
case may be:
(c) is severally liable for the payment of any debt of the company
contracted at a time when:
(i) the company so carries on business after those 6 months; and
(ii) the person is a member;
and may be severally sued for payment of that debt; and
(d) contravenes this subsection.
(2) Subsection (1) does not apply in relation to a company the whole of the
issued shares of which are held by a holding company that is a company.
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