Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1109N

Determination of who holds quoted securities for the purposes of a meeting

(1) This section applies to a meeting of:

(a)
the holders of securities of a body corporate, provided some or all of the securities are quoted securities; or

(b)
the holders of a class of securities of a body corporate, provided some or all of the securities in that class are quoted securities.

(2) The convener of the meeting may determine that:

(a)
if paragraph (1)(a) applies—all the securities of the body corporate that are quoted securities at a specified time before the meeting; or

(b)
if paragraph (1)(b) applies—all the securities of the body corporate in the relevant class that are quoted securities at a specified time before the meeting;

are taken, for the purposes of the meeting, to be held by the persons who held them at the specified time.

(3) The specified time must not be more than 48 hours before the meeting. (4) Subject to subsection (3), the specified time must satisfy any applicable requirements of the SCH business rules. (5) The determination must be made in accordance with any applicable requirements of the SCH business rules as to the way in which it must be made. (6) The determination must be made before notice of the meeting is given. (7) Particulars of the determination must be included in the notice of the meeting, but a failure to do so does not invalidate the determination. (8) The determination has effect accordingly despite anything in:

(a)
this Act or the regulations; and

(b)
any other laws (written or unwritten) that apply to the meeting; and

(c)
any documents (for example, the body corporate's constitution or any relevant trust deed) that apply to the meeting.



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