HI ALL. EMAIL JUST RECEIVED FROM OZL
Dear Shareholder
Request for OZ Minerals to hold a General Meeting
We acknowledge your request to convene a General Meeting and your nomination of Mr David Faulder as an executive director and an independent non-executive director of OZ Minerals.
We will convene the General Meeting upon receiving the requisite number of requests, where each request meets the requirements of both the OZ Minerals Constitution and the Corporations Act 2001.
Please find attached a copy of the relevant provisions of the Corporations Act 2001 that outlines the process for shareholders to requisition a General Meeting. Broadly, these provisions require that:
· shareholders with at least 5% of the votes that may be cast at the general meeting; or
· 100 shareholders entitled to vote at the meeting,
make a request to directors to hold a general meeting.
The request to hold a general meeting must:
· be in writing;
· state any resolution to be proposed at the meeting;
· be signed by the shareholders making the request; and
· be given to the Company.
In accordance with the requirements of the Corporations Act 2001, we cannot accept your request to convene a General Meeting as your request has not been signed by you as the member making the request.
In addition, we cannot accept your nomination of Mr David Faulder as both an ‘executive’ director and an ‘independent non-executive’ director. Executive directors are members of the management team and are involved in the day to day running of the company. Mr Faulder has not been appointed as a member of the management team by the Managing Director nor is he eligible to be appointed as the Managing Director.
It follows that Mr Faulder can only be nominated as a non-executive director at the proposed General Meeting.
In relation to the director nomination requirements, please refer to Rule 6.2 of the OZ Minerals Constitution. A copy of the constitution can be accessed from the Company’s website at www.ozminerals.com.
Please note that the cost to the Company of preparing for and running the General Meeting (including mailing the notice of meeting and proxy form to shareholders, hiring an appropriate venue, legal fees and share registry costs) is around $400,000. This estimate does not include the diversion of management time. The expense will be borne by the company regardless of the success or otherwise of the request.
If you have any questions, please contact Nathan Johnson on (03) 9288-0313.
Yours sincerely
Nathan Johnson
on behalf of
Ms Francesca Lee - Company Secretary and General Counsel
HI ALL. EMAIL JUST RECEIVED FROM OZL Dear ShareholderRequest for...
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