Corporations Act 2001

CHAPTER 2G - MEETINGS  

PART 2G.2 - MEETINGS OF MEMBERS OF COMPANIES  

Note: This Part does not apply to a CCIV or its members. Instead, section 1228A applies a modified version of Part 2G.4 .

Division 5 - Holding meetings of members  

SECTION 249S   REASONABLE OPPORTUNITY TO PARTICIPATE  

249S(1)    
A company that holds a meeting of its members must give the members entitled to attend the meeting, as a whole, a reasonable opportunity to participate in the meeting.

Note: Section 1322 provides for consequences of a breach of this subsection.

249S(2)    
Without limiting the scope of subsection (1) , the effects of that subsection include those set out in subsections (3) , (4) , (5) , (6) and (7) .

249S(3)    
The meeting must be held at a time that is reasonable at:

(a)    if the meeting is held at only one physical venue (whether or not it is also held using virtual meeting technology) - that physical venue; or

(b)    if the meeting is held at more than one physical venue (whether or not it is also held using virtual meeting technology) - the main physical venue of the meeting as set out in the notice of the meeting; or

(c)    if the meeting is held using virtual meeting technology only - a physical venue at which it would be reasonable to hold the meeting.

249S(4)    
If the meeting is held at only one physical venue (whether or not it is also held using virtual meeting technology), it must be reasonable to hold the meeting at that physical venue.

249S(5)    
If the meeting is held at more than one physical venue (whether or not it is also held using virtual meeting technology), it must be reasonable to hold the meeting at its main physical venue as set out in the notice of the meeting.

249S(6)    
If the meeting is held at more than one physical venue (whether or not it is also held using virtual meeting technology), the technology used to hold the meeting at more than one physical venue must be reasonable.

249S(7)    
If the meeting is held using virtual meeting technology (whether or not it is held at one or more physical venues), that virtual meeting technology must:

(a)    be reasonable; and

(b)    allow the members who are entitled to attend the meeting, and do attend the meeting using that virtual meeting technology, as a whole, to exercise orally and in writing any rights of those members to ask questions and make comments.