CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 7 - SECURITIES
PART 7.13 - TITLE TO, AND TRANSFER OF, SECURITIES
Division 3 - Transfer of marketable securities and marketable rights
Subdivision C - SCH-regulated transfers
History
Heading inserted by No 210 of 1992, s 166 (effective 23 June
1993).
SECTION 1109N
DETERMINATION OF WHO HOLDS QUOTED SECURITIES FOR THE PURPOSES OF A MEETING
1109N(1)
[Meeting of holders of securities]
This section applies to a meeting of:
(a)
the holders of securities of a body corporate, provided some or all of the securities are quoted securities; or
(b)
the holders of a class of securities of a body corporate, provided some or all of the securities in that class are quoted securities.
History
S 1109N(1) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
1109N(2)
[Convener may set time for ``snapshot'' of holders]
The convener of the meeting may determine that:
(a)
if paragraph
(1)(a) applies - all the securities of the body corporate that are quoted securities at a specified time before the meeting; or
(b)
if paragraph
(1)(b) applies - all the securities of the body corporate in the relevant class that are quoted securites at a specified time before the meeting;
are taken, for the purposes of the meeting, to be held by the persons who held them at the specified time.
History
S 1109N(2) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
1109N(3)
[``Snapshot'' within 48 hours of meeting]
The specified time must not be more than 48 hours before the meeting.
History
S 1109N(3) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
1109N(4)
[Application of SCH business rules to ``snapshot'' time]
Subject to subsection
(3), the specified time must satisfy any applicable requirements of the SCH business rules.
History
S 1109N(4) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
1109N(5)
[Application of SCH business rules to determination of ``snapshot'' time]
The determination must be made in accordance with any applicable requirements of the SCH business rules as to the way in which it must be made.
History
S 1109N(5) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
1109N(6)
[``Snapshot'' time to be determined before notice of meeting]
The determination must be made before notice of the meeting is given.
History
S 1109N(6) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
1109N(7)
[``Snapshot'' time to be included in notice of meeting]
Particulars of the determination must be included in the notice of the meeting, but a failure to do so does not invalidate the determination.
History
S 1109N(7) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
1109N(8)
[Effect of determination of ``snapshot'' time]
The determination has effect accordingly despite anything in:
(a)
this Law or the regulations; and
(b)
any other laws (written or unwritten) that apply to the meeting; and
(c)
any documents (for example, the body corporate's constitution or any relevant trust deed) that apply to the meeting.
History
S 1109N(8) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
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