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 3 - How to call meetings of members  

SECTION 249L   CONTENTS OF NOTICE OF MEETINGS OF MEMBERS  

249L(1)    
A notice of a meeting of a company ' s members must:

(a)    

set out:

(i) if there is only one location at which the members who are entitled to physically attend the meeting may do so - the date, time and place for the meeting; and

(ii) if there are 2 or more locations at which the members who are entitled to physically attend the meeting may do so - the date and time for the meeting at each location, and the main location for the meeting; and

(iii) if virtual meeting technology is to be used in holding the meeting - sufficient information to allow the members to participate in the meeting by means of the technology; 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)    

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)    

The information included in the notice of meeting must be worded and presented in a clear, concise and effective manner.