Corporations Act 2001



Division 3 - Special procedure for amending constitution of mutual entity that proposes to issue MCIs  


167AJ (1)  
This section applies to a meeting of the mutual entity ' s members if:

(a) notice of an MCI amendment resolution to be proposed at the meeting is given in accordance with paragraph 249L(1)(c) ; and

(b) the meeting is held during the period of 36 months beginning on the day this section commences; and

(c) no more than 2 MCI amendment resolutions have been considered at previous meetings of the mutual entity ' s members.

167AJ (2)  
The MCI amendment resolution:

(a) must be passed at the meeting by at least 75% of the votes cast by or on behalf of members who are present at the meeting (including members who have appointed proxies who are present at the meeting) and entitled to vote on the resolution; and

(b) if so passed - has effect as a special resolution despite subsections 136(3) and (4) and anything in the mutual entity ' s constitution.

167AJ (3)  
Despite section 135 and anything in the mutual entity ' s constitution, section 249T (quorum) applies to the meeting to the extent that the meeting is considering or voting on the MCI amendment resolution.


Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.