Could the larger non-management shareholders initiate a Section 249D requisition and appoint their own board?
Under Section 249D of the Corporations Act 2001 (Australia), shareholders holding at least 5% of the voting shares in a company have the right to requisition a general meeting. This provision allows shareholders to propose resolutions, including those related to the composition of the company's board of directors. Larger non-management shareholders, if holding the required threshold of shares, could theoretically use this provision to request a general meeting and propose the removal of current board members and the appointment of their own candidates.
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