Had a look into the same thing. Corporations Act 250P looks at 'extension of time for holding AGM' As there's an extension lodged before the end of the 5 month period an extension may be granted. I can't find an obligation on the company to explain its reason for doing so but ASIC can seek out a reason. There's also criminal penalties that apply for being dodgy about it (not a legal term but in the clause).
Until the 2nd strike I can’t see APG would be obligated to include an item on the agenda so I doubt it’s for that purpose.
Having said that, they’ve chosen 18 December as that’s the 21day period they must hold the AGM in (sec 249H) to remove a director under Sec203D or to appoint a director in place of one removed. Otherwise Sec249HA states at least 28days notice is required for an AGM - don't know if postponing one to a later date triggers a new countdown or any notice period can be stated.
Anyway, just a shout-out for the APG Association for doing an excellent job in collating the information in relation to proxies. Don't now if these will flow across to the new date or if it has to be done again. For anyone who did not participate in this group please watch out for alerts in case we need to do this again.
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- Ann: Annual General Meeting - new date 18-12-2019
Ann: Annual General Meeting - new date 18-12-2019, page-6
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