THE CORPORATIONS LAW

CHAPTER 11 - APPLICATION AND TRANSITIONAL PROVISIONS

PART 11.2 - COMMENCEMENT AND APPLICATION OF CERTAIN CHANGES TO THIS LAW

Division 10 - Changes resulting from the Company Law Review Act 1998

SECTION 1424   MEETINGS - GENERAL TRANSITIONAL ARRANGEMENTS  

1424     The following table sets out how things that have been done before commencement under the old Law are to be dealt with after commencement - either under the old Law or the new Law.

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Meetings - general transitional arrangements   [operative table]
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Thing done before commencement     How it is to be dealt with
                                   after commencement
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 1   Requisition made for a        The requisition is treated as
     meeting under section 246.    if it were made under section
                                   249D of the new Law.

 2   Notice was validly given of   The notice is treated as if
     a meeting called under        it were made under a
     section 246 or 251.           corresponding section of
                                   the new Law (section 249D or
                                   249F respectively).

                                   If the notice complied with
                                   the requirements of the old
                                   Law, the meeting can be held
                                   at the expiry of the period
                                   provided for in the old Law.
                                   The new Law will operate in
                                   respect of the holding of the
                                   meeting.

 3   In calling a meeting under    The requirements stipulated
     section 251, the Court        by the Court are treated as
     stipulated requirements       if they were made under
     for holding the meeting.      section 1319 of the new Law.

 4   An authority was granted      The authority is treated as
     to a person to act as a       if it were made under section
     body corporate's              250D of the new Law.
     representative as provided
     for in subsection 249(3).

 5   A person had applied to       The application is treated as
     ASIC for an extension of      if it were made under section
     time for holding an AGM.      250P of the new Law.

 6   An application was made by    The application is treated as
     a person under subsection     if it were made under section
     251(1) for the Court to       249G of the new Law.
     convene a meeting.

 7   Notice given under section    Notice properly given under
     254 of an intention to move   the old Law has effect as if
     a resolution under section    it were given under subsection
     227 or 329 or to replace a    203D(2) (directors) or 329(1A)
     director removed under        (auditors). The time period 
     section 227 was received by   for notice given under the old
     the company.                  Law continues to run as if
                                   section 254 of the old Law had
                                   not been repealed.

 8   A resolution, document or     The resolution, agreement or
     agreement of the kind         document must be lodged within
     referred to in section 256    1 month after the passing of
     has been passed or made.      the resolution or the making of
                                   the agreement or document.

 9   A request was made by a       The company must deal with
     member under subsection       the request as provided for
     256(3) but not complied       in section 256 of the old Law.
     with before commencement.

10   A general meeting or a        The obligations arising under
     directors' meeting was        section 258 of the old Law as
     held or a general meeting     to the entering of the minutes
     was deemed to be held         in the minute books within 1
     because of subsection         month after the meeting is
     255(1).                       held and the signing of the
                                   minutes continue as if section
                                   258 of the old Law was not
                                   repealed.

11   A request was made by a       The request is treated as if
     member for a copy of          it were made under section 
     minutes under subsection      251B of the new Law.
     259(2).

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