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CORPORATIONS ACT 2001

CHAPTER 2G - MEETINGS  

PART 2G.2 - MEETINGS OF MEMBERS OF COMPANIES  

Division 3 - How to call meetings of members  

SECTION 249J  NOTICE OF MEETINGS OF MEMBERS TO MEMBERS AND DIRECTORS  

249J(1)  Notice to members and directors individually.  


Written notice of a meeting of a company's members must be given individually to each member entitled to vote at the meeting and to each director. Notice need only be given to 1 member of a joint membership.

249J(2)  Notice to joint members (replaceable rule - see section 135).  


Notice to joint members must be given to the joint member named first in the register of members.

249J(3)  How notice is given.  


A company may give the notice of meeting to a member:


(a) personally; or


(b) by sending it by post to the address for the member in the register of members or the alternative address (if any) nominated by the member; or


(c) by sending it to the fax number or electronic address (if any) nominated by the member; or


(ca) by sending it to the member by other electronic means (if any) nominated by the member; or
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(cb) by notifying the member in accordance with subsection (3A); or
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(d) by any other means that the company's constitution (if any) permits.

Note: A defect in the notice given may not invalidate a meeting (see section 1322).

249J(3A)  [Electronic notification]  

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If the member nominates:


(a) an electronic means (the nominated notification means) by which the member may be notified that notices of meeting are available; and


(b) an electronic means (the nominated access means) the member may use to access notices of meeting;

the company may give the member notice of the meeting by notifying the member (using the nominated notification means):


(c) that the notice of meeting is available; and


(d) how the member may use the nominated access means to access the notice of meeting.

This subsection does not limit subsection (3).

249J(4)  When notice by post or fax is given (replaceable rule - see section 135).  


A notice of meeting sent by post is taken to be given 3 days after it is posted. A notice of meeting sent by fax, or other electronic means, is taken to be given on the business day after it is sent.

249J(5)  When notice under paragraph (3)(cb) is given (replaceable rule - see section 135).  

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A notice of meeting given to a member under paragraph (3)(cb) is taken to be given on the business day after the day on which the member is notified that the notice of meeting is available.


 



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