A member of a company can be:
- An individual
- A Company/Body Corporate (eg. The ABC Pty Ltd) or a
- Body Politic (eg. State of Queensland)
A member is an entity that can own property, sue or be sued. A business name is not a legal entity and therefore cannot be a member. Estates and trusts cannot hold shares in their own right – they must nominate an executor or a trustee.
There is no specified minimum age requirement to become a member of a company stated in the Corporations Act 2001. However, the company itself can make its own determination regarding the minimum age requirement.
All companies must have at least one member. Proprietary companies must have no more than fifty members who aren’t employees of the company. There is no limit on the number of members of a public company. ASIC may apply to a court to have a company wound up if it does not have any members.