ADN 5.00% 1.9¢ andromeda metals limited

Briefly with respect to your request for non-public company...

  1. 367 Posts.
    lightbulb Created with Sketch. 2040


    Briefly with respect to your request for non-public company documents (such as the remuneration report), I thought it may be helpful / useful to note my general understanding that:

    1. Shareholders do not have an automatic right to call for and inspect all / any company records.

    2. First and foremost, clause 85.2 of ADN’s company constitution appears to set out the position:

    https://hotcopper.com.au/data/attachments/4706/4706537-f51376b82edcf274d9344a7c4fb3696d.jpg


    You can access the entire constitution on ADN’s website here:

    https://www.andromet.com.au/assets/Andromeda-Metals-Limited-Constitution-November-2020-002_2022-05-23-020533_zzyd.pdf

    3. Beyond the contractual position under constitution, my understanding is that section 247A of the Corporations Act 2001 (Cth) provides additional statutory access rights for company shareholders on application - i.e the legislation permits the Court to make an order authorising a member of a company to inspect books of a company provided that it is satisfied that the member is acting in good faith and that the inspection is to be made for a proper purpose. There will no doubt be lots of case law on the topic that gives further colour to the practical application of this provision and there may be other relevant parts of the legislation to consider.

    I am not suggesting your views or comments are invalid, but thought you may want to consider and look further into the above, and it may help provide some context. As always do your own research and my commentary should not be relied on as advice in any form.

    Best wishes to all.

 
watchlist Created with Sketch. Add ADN (ASX) to my watchlist
arrow-down-2 Created with Sketch. arrow-down-2 Created with Sketch.