Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 249H

Amount of notice of meetings

General rule

             (1)  Subject to subsection (2), at least 21 days notice must be given of a meeting of a company's members. However, if a company has a constitution, it may specify a longer minimum period of notice.

Calling meetings on shorter notice

             (2)  A company may call on shorter notice:

                     (a)  an AGM, if all the members entitled to attend and vote at the AGM agree beforehand; and

                     (b)  any other general meeting, if members with at least 95% of the votes that may be cast at the meeting agree beforehand.

A company cannot call an AGM or other general meeting on shorter notice if it is a meeting of the kind referred to in subsection (3) or (4).

Shorter notice not allowed--removing or appointing director

             (3)  At least 21 days notice must be given of a meeting of the members of a public company at which a resolution will be moved to:

                     (a)  remove a director under section 203D; or

                     (b)  appoint a director in place of a director removed under that section.

Shorter notice not allowed--removing auditor

             (4)  At least 21 days notice must be given of a meeting of a company at which a resolution will be moved to remove an auditor under section 329.



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