A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

CORPORATIONS ACT 2001

CHAPTER 2G - MEETINGS  

PART 2G.3 - MINUTES AND MEMBERS' ACCESS TO MINUTES  

SECTION 251A  MINUTES  

251A(1)  [Company must keep minute books]  


A company must keep minute books in which it records within 1 month:


(a) proceedings and resolutions of meetings of the company's members; and


(b) proceedings and resolutions of directors' meetings (including meetings of a committee of directors); and


(c) resolutions passed by members without a meeting; and


(d) resolutions passed by directors without a meeting; and


(e) if the company is a proprietary company with only 1 director - the making of declarations by the director.

Note: For resolutions and declarations without meetings, see sections 248A, 248B, 249A and 249B.

251A(2)  [Minutes to be signed]  


The company must ensure that minutes of a meeting are signed within a reasonable time after the meeting by 1 of the following:


(a) the chair of the meeting;


(b) the chair of the next meeting.

251A(3)  [Resolution without a meeting]  


The company must ensure that minutes of the passing of a resolution without a meeting are signed by a director within a reasonable time after the resolution is passed.

251A(4)  [Sole director company]  


The director of a proprietary company with only 1 director must sign the minutes of the making of a declaration by the director within a reasonable time after the declaration is made.

251A(5)  [Location of minute books]  


A company must keep its minute books at:


(a) its registered office; or


(b) its principal place of business in this jurisdiction; or


(c) another place in this jurisdiction approved by ASIC.

251A(5A)  [Strict liability offence]  

 View history reference

An offence based on subsection (1), (2), (3), (4) or (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

251A(6)  [Evidence]  


A minute that is so recorded and signed is evidence of the proceeding, resolution or declaration to which it relates, unless the contrary is proved.

 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page