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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