Ann: Proposed Consolidation of Capital, page-360

  1. 3,143 Posts.
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    @1MRX - @johndprent is correct! That was me posting in the CHM thread.

    I submitted a request to inspect and obtain a copy of the share register of Chimeric Therapeutics Ltd (ASX:CHM) under Section 173(1) of the Corporations Act 2001 (Cth), which clearly entitles shareholders to access the register.


    The law is unambiguous — no reason is legally required, but I nonetheless stated proper purposes that are valid and supported by case law, including:

    • Communicating with fellow shareholders about matters affecting their interests
      - Palmer v Fletcher (2004) 21 ACLC 1681; ASIC v NRMA Ltd (2002) 41 ACSR 1

    • Seeking support for corporate governance reform, including proposed Board changes
      - Russell v Duke Group Ltd (1996) 19 ACSR 403; Brickworks Ltd v Unimin Australia Ltd (2003) 46 ACSR 416

    • Investigating potential breaches of the Corporations Act and ASX Listing Rules
      - Ellerston Capital Ltd v APN Funds Management Ltd [2008] NSWSC 1321; Ausnet Real Estate v Cadehill Pty Ltd [2013] NSWSC 79


    Despite this, Hopper and Nathan Jong (Company Secretary) refused my request, claiming it was “invalid” — yet failed to provide any legal justification or response to my follow-up.


    I’ve now lodged several formal complaints with ASIC concerning both this obstruction and other serious issues regarding Chimeric’s governance and disclosure conduct. However they only investigate @ 1% of complaints so I've heard nothing from them.

    If you want more info let me know. Happy to help you out.

 
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