Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
This regulation applies to a meeting of the holders of securities of a body corporate if some or all of the securities are Division 4 financial products.
7.11.37(2) [ Power]The convener of the meeting may determine that all the securities of the body corporate that are Division 4 financial products at a specified time before the meeting are taken, for the purposes of the meeting, to be held by the persons who held them at the specified time.
7.11.37(3) [ Specified time](a) must satisfy any applicable requirements of the ASTC operating rules; but
(b) in any case, must not be more than 48 hours before the meeting. 7.11.37(4) [ Requirements]
The convener must make a determination:
(a) in accordance with any applicable requirements of the ASTC operating rules as to the way in which it must be made; but
(b) in any case, before notice of the meeting is given. 7.11.37(5) [ Contents of notice]
The convener must include particulars of the determination in the notice of the meeting.
7.11.37(6) [ Failure to include particulars]However, a failure to include particulars of the determination in the notice of the meeting does not invalidate the determination.
7.11.37(7) [ Paramountcy of determination]The convener's determination has effect accordingly despite anything in:
(a) the Act; and
(b) these Regulations; and
(c) any other law (written or unwritten) that applies to the meeting; and
(d) any document that applies to the meeting (for example, the body corporate's constitution or any relevant trust deed).
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