No one gets an automatic seat on a board. The BoD first have to approve a nomination and then SH's get to vote on that nomination. At the moment, ARL comprise 4 board members, 2 of which are independent and 2 non-independent. If a sub holder was to nominate and succeed in getting a seat, (it would be as a non-independent because of the SH'ing). That would then result in the BoD having a minority of independent dtors, which is contrary to the Corp gov Stmt. So the BoD could refuse to approve a nomination on that basis.
Whether one could also argue that a SH with holdings across a number of accounts and/or nominee accounts, doesn't satisfy the corporate world unwritten law (different to Sub holder/ASX requirements) is debatable.
Apparently Solomon Lew failed to gain a BoD seat (even though he had a substantial holding) in Coles a number of years ago. Again, that was from the Coles BoD not approving his nomination and recommending to SH's to vote against his inclusion.
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