Duty to call meeting
(1) The borrower must call a meeting of debenture
holders if:
- (a)
- debenture holders who together hold 10% or more of the
nominal value of the issued debentures to which the trust relates direct the
borrower to do so; and
- (b)
- the direction is given to the borrower in writing at its registered
office; and
- (c)
- the purpose of the meeting is to:
- (i)
- consider the financial statements that were laid before the last AGM of
the borrower; or
- (ii)
- give the trustee directions in relation to the exercise of any of its
powers.
- Note: The trustee usually must comply with any directions given to it by the
debenture holders at the meeting (see paragraph 283DA(h)).
Duty to give notification of meeting
(2) If the borrower is required to call
a meeting, it must give notice of the time and place of the meeting to:
- (a)
- the trustee; and
- (b)
- the borrower's auditor; and
- (c)
- each of the debenture holders whose names are entered on the register of
debenture holders.
Notice to joint holders of a debenture must be given to the joint holder named
first in the register of debenture holders.
(3) The borrower may give the notice to a debenture holder:
- (a)
- personally;
or
- (b)
- by sending it by post to the address for the debenture holder in the
register of debenture holders; or
- (c)
- by sending it to the fax number or electronic address (if any) nominated
by the debenture holder; or
- (d)
- by any other means that the trust deed or the terms of the debentures
permit.
- Note: A defect in the notice may not invalidate a meeting (see
section 1322).
When notice by post or fax is given
(4) A notice of meeting sent to a
debenture holder is taken to be given:
- (a)
- 3 days after it is posted, if it
is posted; or
- (b)
- on the business day after it is sent, if it is sent by fax or other
electronic means;
unless the trust deed or the terms of the debentures provide otherwise.
Commonwealth Numbered Acts