Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 5 - MEETINGS  

PART 5-2 - GENERAL MEETINGS  

Division 204 - Resolutions without a general meeting  

SECTION 204-1   CIRCULATING RESOLUTIONS  

204-1(1)    
An Aboriginal and Torres Strait Islander corporation may pass a resolution without a general meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document. Each member of a joint membership must sign.

204-1(2)    
Subsection (1) does not apply to a resolution to remove an auditor.

204-1(3)    
Separate copies of a document may be used for signing by members if the wording of the resolution and statement is identical in each copy.

204-1(4)    
The resolution is passed when the last member signs.

204-1(5)    
An Aboriginal and Torres Strait Islander corporation that passes a resolution under this section without holding a meeting satisfies any requirement in this Act:

(a)    to give members information or a document relating to the resolution - by giving members that information or document with the document to be signed; and

(b)    to lodge with the Registrar a copy of a notice of meeting to consider the resolution - by lodging a copy of the document to be signed by members; and

(c)    to lodge a copy of a document that accompanies a notice of meeting to consider the resolution - by lodging a copy of the information or documents referred to in paragraph (a) .

204-1(6)    
The passage of the resolution satisfies any requirement in this Act, or the corporation ' s constitution, that the resolution be passed at a general meeting.

204-1(7)    
This section does not affect any rule of law relating to the assent of members not given at a general meeting.

Note 1:

Passage of a resolution under this section must be recorded in the corporation ' s minute books (see section 220-5 ).

Note 2:

A body corporate representative may sign a circulating resolution (see section 201-110 ).



 

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