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 4 - Members' rights to put resolutions etc. at general meetings  

SECTION 249O   COMPANY GIVING NOTICE OF MEMBERS' RESOLUTIONS  

249O(1)   [ When resolution is to be considered]  

If a company has been given notice of a resolution under section 249N, the resolution is to be considered at the next general meeting that occurs more than 2 months after the notice is given.

249O(2)   [ Time for giving notice]  

The company must give all its members notice of the resolution at the same time, or as soon as practicable afterwards, and in the same way, as it gives notice of a meeting.

249O(3)   [ Cost]  

The company is responsible for the cost of giving members notice of the resolution if the company receives the notice in time to send it out to members with the notice of meeting.

249O(4)   [ Liability for company's expenses]  

The members requesting the meeting are jointly and individually liable for the expenses reasonably incurred by the company in giving members notice of the resolution if the company does not receive the members' notice in time to send it out with the notice of meeting. At a general meeting, the company may resolve to meet the expenses itself.

249O(5)   [ Company need not give notice]  

The company need not give notice of the resolution:

(a) if it is more than 1,000 words long or defamatory; or

(b) if the members making the request are to bear the expenses of sending the notice out - unless the members give the company a sum reasonably sufficient to meet the expenses that it will reasonably incur in giving the notice.