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 2G - MEETINGS
History
Ch 2G inserted by No 61 of 1998, Sch 1 (effective
1 July 1998).
PART 2G.2 - MEETINGS OF MEMBERS OF COMPANIES
Division 4 - Members' rights to put resolutions etc at general meetings
SECTION 249N
MEMBERS' RESOLUTIONS
249N(1)
(Who may give notice)
The following members may give a company notice of a resolution that they propose to move at a general meeting:
(a)
members with at least 5% of the votes that may be cast on the resolution; or
(b)
at least 100 members who are entitled to vote at a general meeting.
History
S 249N(1) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
249N(1A)
[Prescription of members by regulation]
The regulations may prescribe a different number of members for the purposes of the application of paragraph
(1)(b) to:
(a)
a particular company; or
(b)
a particular class of company.
Without limiting this, the regulations may specify the number as a percentage of the total number of members of the company.
History
S 249N(1A) inserted by 156 of 1999, Sch 6 (effective 13 March 2000).
249N(2)
[Requirements of notice]
The notice must:
(a)
be in writing; and
(b)
set out the wording of the proposed resolution; and
(c)
be signed by the members proposing to move the resolution.
History
S 249N(2) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
249N(3)
[More than one copy]
Separate copies of a document setting out the notice may be used for signing by members if the wording of the notice is identical in each copy.
History
S 249N(3) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
249N(4)
[Percentage of votes]
The percentage of votes that members have is to be worked out as at the midnight before the members give the notice.
History
S 249N(4) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).