Corporations Act 2001
Note: This Part does not apply to a CCIV or its members. Instead, section 1228A applies a modified version of Part 2G.4 .
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.
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