ESG 0.00% 86.5¢ eastern star gas limited

not selling, page-23

  1. 414 Posts.
    I found 4 sections of the corporations act that we should be familiar with as we plan to use one of the corporations acts 100 shareholder Provisions:

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    CORPORATIONS ACT 2001 - SECT 249D

    Calling of general meeting by directors when requested by members
    (1) The directors of a company must call and arrange to hold a general meeting on the request of:

    (a) members with at least 5% of the votes that may be cast at the general meeting; or

    (b) at least 100 members who are entitled to vote at the general meeting.

    (1A) The regulations may prescribe a different number of members for the purposes of the application of paragraph (1)(b) to:

    (a) a particular company; or

    (b) a particular class of company.

    Without limiting this, the regulations may specify the number as a percentage of the total number of members of the company.

    (2) The request must:

    (a) be in writing; and

    (b) state any resolution to be proposed at the meeting; and

    (c) be signed by the members making the request; and

    (d) be given to the company.

    (3) Separate copies of a document setting out the request may be used for signing by members if the wording of the request is identical in each copy.

    (4) The percentage of votes that members have is to be worked out as at the midnight before the request is given to the company.

    (5) The directors must call the meeting within 21 days after the request is given to the company. The meeting is to be held not later than 2 months after the request is given to the company.


    http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s249d.html



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    CORPORATIONS ACT 2001 - SECT 249N

    Members' resolutions
    (1) The following members may give a company notice of a resolution that they propose to move at a general meeting:

    (a) members with at least 5% of the votes that may be cast on the resolution; or

    (b) at least 100 members who are entitled to vote at a general meeting.

    (1A) The regulations may prescribe a different number of members for the purposes of the application of paragraph (1)(b) to:

    (a) a particular company; or

    (b) a particular class of company.

    Without limiting this, the regulations may specify the number as a percentage of the total number of members of the company.

    (2) The notice must:

    (a) be in writing; and:

    (b) set out the wording of the proposed resolution; and

    (c) be signed by the members proposing to move the resolution.

    (3) Separate copies of a document setting out the notice may be used for signing by members if the wording of the notice is identical in each copy.

    (4) The percentage of votes that members have is to be worked out as at the midnight before the members give the notice.


    http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s249n.html

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    CORPORATIONS ACT 2001 - SECT 249O

    Company giving notice of members' resolutions
    (1) If a company has been given notice of a resolution under section 249N, the resolution is to be considered at the next general meeting that occurs more than 2 months after the notice is given.

    (2) The company must give all its members notice of the resolution at the same time, or as soon as practicable afterwards, and in the same way, as it gives notice of a meeting.

    (3) The company is responsible for the cost of giving members notice of the resolution if the company receives the notice in time to send it out to members with the notice of meeting.

    (4) The members requesting the meeting are jointly and individually liable for the expenses reasonably incurred by the company in giving members notice of the resolution if the company does not receive the members' notice in time to send it out with the notice of meeting. At a general meeting, the company may resolve to meet the expenses itself.

    (5) The company need not give notice of the resolution:

    (a) if it is more than 1,000 words long or defamatory; or

    (b) if the members making the request are to bear the expenses of sending the notice out--unless the members give the company a sum reasonably sufficient to meet the expenses that it will reasonably incur in giving the notice.

    http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s249o.html



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    CORPORATIONS ACT 2001 - SECT 249P

    Members' statements to be distributed
    (1) Members may request a company to give to all its members a statement provided by the members making the request about:

    (a) a resolution that is proposed to be moved at a general meeting; or

    (b) any other matter that may be properly considered at a general meeting.

    (2) The request must be made by:

    (a) members with at least 5% of the votes that may be cast on the resolution; or

    (b) at least 100 members who are entitled to vote at the meeting.

    (2A) The regulations may prescribe a different number of members for the purposes of the application of paragraph (2)(b) to:

    (a) a particular company; or

    (b) a particular class of company.

    Without limiting this, the regulations may specify the number as a percentage of the total number of members of the company.

    (3) The request must be:

    (a) in writing; and

    (b) signed by the members making the request; and

    (c) given to the company.

    (4) Separate copies of a document setting out the request may be used for signing by members if the wording of the request is identical in each copy.

    (5) The percentage of votes that members have is to be worked out as at the midnight before the request is given to the company.

    (6) After receiving the request, the company must distribute to all its members a copy of the statement at the same time, or as soon as practicable afterwards, and in the same way, as it gives notice of a general meeting.

    (7) The company is responsible for the cost of making the distribution if the company receives the statement in time to send it out to members with the notice of meeting.

    (8) The members making the request are jointly and individually liable for the expenses reasonably incurred by the company in making the distribution if the company does not receive the statement in time to send it out with the notice of meeting. At a general meeting, the company may resolve to meet the expenses itself.

    (9) The company need not comply with the request:

    (a) if the statement is more than 1,000 words long or defamatory; or

    (b) if the members making the request are responsible for the expenses of the distribution--unless the members give the company a sum reasonably sufficient to meet the expenses that it will reasonably incur in making the distribution.




    http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s249p.html


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    if I understand them properly:
    249D allows for the calling of a EGM, that will be called within two months of receiving a notice

    249N and O:allows for A resolution to be placed in The next scheduled general meeting That occurs more then two months after the notice is given

    249P-this allows us to place a statement that The company will provide to all members. If the statement is received in time for it to be placed in a general meeting notice than the company must pay for its distribution. If it is received to late to be placed in the meeting notice then the shareholders must pay for it (if we choose to use 249P then we obviously must find out what the deadline is to get them to notice to be distributed with the general meeting notice)
 
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