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 249H   AMOUNT OF NOTICE OF MEETINGS  

249H(1)   General rule.  

Subject to subsection (2), at least 21 days notice must be given of a meeting of a company's members. However, if a company has a constitution, it may specify a longer minimum period of notice.

249H(2)   Calling meetings on shorter notice.  

A company may call on shorter notice:

(a) an AGM, if all the members entitled to attend and vote at the AGM agree beforehand; and

(b) any other general meeting, if members with at least 95% of the votes that may be cast at the meeting agree beforehand.

A company cannot call an AGM or other general meeting on shorter notice if it is a meeting of the kind referred to in subsection (3) or (4).

249H(3)   Shorter notice not allowed - removing or appointing director.  

At least 21 days notice must be given of a meeting of the members of a public company at which a resolution will be moved to:

(a) remove a director under section 203D; or

(b) appoint a director in place of a director removed under that section.

249H(4)   Shorter notice not allowed - removing auditor.  

At least 21 days notice must be given of a meeting of a company at which a resolution will be moved to remove an auditor under section 329.