Corporations Act 2001
CHAPTER 2G
-
MEETINGS
PART 2G.2
-
MEETINGS OF MEMBERS OF COMPANIES
Division 3
-
How to call meetings of members
SECTION 249L
CONTENTS OF NOTICE OF MEETINGS OF MEMBERS
249L(1)
[
Contents of notice]
(a) set out the place, date and time for the meeting (and, if the meeting is to be held in 2 or more places, the technology that will be used to facilitate this); and
(b) state the general nature of the meeting ' s business; and
(c) if a special resolution is to be proposed at the meeting - set out an intention to propose the special resolution and state the resolution; and
(d) if a member is entitled to appoint a proxy - contain a statement setting out the following information:
(a) inform members that the resolution referred to in subsection 250R(2) (resolution on remuneration report) will be put at the AGM; and
(b) if at the previous AGM at least 25% of the votes cast on a resolution that the remuneration report be adopted were against adoption of the report (but the same was not the case at the AGM before that):
A notice of a meeting of a company ' s members must:
(a) set out the place, date and time for the meeting (and, if the meeting is to be held in 2 or more places, the technology that will be used to facilitate this); and
(b) state the general nature of the meeting ' s business; and
(c) if a special resolution is to be proposed at the meeting - set out an intention to propose the special resolution and state the resolution; and
(d) if a member is entitled to appoint a proxy - contain a statement setting out the following information:
(i) that the member has a right to appoint a proxy;
(ii) whether or not the proxy needs to be a member of the company;
(iii) that a member who is entitled to cast 2 or more votes may appoint 2 proxies and may specify the proportion or number of votes each proxy is appointed to exercise.
Note: There may be other requirements for disclosure to members.
249L(2) [ Resolution on remuneration report]The notice of the AGM of a listed company must also:
(a) inform members that the resolution referred to in subsection 250R(2) (resolution on remuneration report) will be put at the AGM; and
(b) if at the previous AGM at least 25% of the votes cast on a resolution that the remuneration report be adopted were against adoption of the report (but the same was not the case at the AGM before that):
(i) explain the circumstances in which subsection 250V(1) would apply; and
(ii) inform members that the resolution described in subsection 250V(1) as the spill resolution will be put at the AGM if that subsection applies.
Note: Subsection 250R(2) requires a resolution to adopt a remuneration report for a listed company to be put to the vote at the company ' s AGM.
249L(3)
[
Wording and presentation]
The information included in the notice of meeting must be worded and presented in a clear, concise and effective manner.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.