Corporations Act 2001
CHAPTER 2D
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OFFICERS AND EMPLOYEES
PART 2D.3
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APPOINTMENT, REMUNERATION AND CESSATION OF APPOINTMENT OF DIRECTORS
Division 1
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Appointment of directors
Subdivision A
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General rules
(a) the meeting has resolved that the appointments or confirmations may be voted on together; and
(b) no votes were cast against the resolution. 201E(2) [ Exclusions]
(a) a resolution to appoint directors by an amendment to the company's constitution (if any); or
(b) a ballot or poll to elect 2 or more directors if the ballot or poll does not require members voting for 1 candidate to vote for another candidate. 201E(3) [ Requirement of ballot or poll]
SECTION 201E
SPECIAL RULES FOR THE APPOINTMENT OF PUBLIC COMPANY DIRECTORS
201E(1)
[
Method for passing resolution]
A resolution passed at a general meeting of a public company appointing or confirming the appointment of 2 or more directors is void unless:
(a) the meeting has resolved that the appointments or confirmations may be voted on together; and
(b) no votes were cast against the resolution. 201E(2) [ Exclusions]
(a) a resolution to appoint directors by an amendment to the company's constitution (if any); or
(b) a ballot or poll to elect 2 or more directors if the ballot or poll does not require members voting for 1 candidate to vote for another candidate. 201E(3) [ Requirement of ballot or poll]
For the purposes of paragraph (2)(b), a ballot or poll does not require a member to vote for a candidate merely because the member is required to express a preference among individual candidates in order to cast a valid vote.
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