Ask Question, Ask an Expert

+61-413 786 465

info@mywordsolution.com

Ask Business Law & Ethics Expert

Length of Notice - Meetings and resolutions:

S.133(1) provides that any provision of a company's articles shall be void in so far as it provides for the called of a meeting of the such company (other than an adjourned meeting) by a shorter notice than 21 days.  The notice must be in writing. 

S.133(2) provides that, except in so far as the articles of a company make other provision in that behalf (not being a provision avoided by S.133(1), a meeting of the company (other than an adjourned meeting) may be called giving twenty-one days notice in writing.  This in effect means that a company's articles may provide for a longer period of notice than twenty-one days but cannot provide for a shorter period.

By S.133(3) a meeting of a company, if called by a shorter period of notice than that prescribed in S.133(1) or by the company's articles, shall be deemed to have been duly called if it is so agreed -

a)      in the case of the annual simple meeting, through all the members entitled to attend and vote at the meeting; and

b)      and also with in the case of any other meeting, by a majority in number of the members having a right to attend and vote at the meeting, being a majority together holding not less than 95% in nominal value of the shares giving a right to attend and vote at the meeting; or in the case of a company not having a share capital, a majority together representing no less than 95% of the total voting rights at that meeting of all the members.

It was explained in Re: Pearce Duff & Co. Ltd that the mere fact all the members are present at the meeting and pass a particular resolution, either unanimously or by a majority holding 95% of the voting rights, does not imply consent to short notice.  Anyone who voted for the resolution can therefore change his mind afterwards and challenge it.

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M9517778

Have any Question?


Related Questions in Business Law & Ethics

Assessment descriptionyou are required to watch the

Assessment Description You are required to watch the following YouTube clips from the GRI Secretariat: 1. The GRI Sustainability Reporting Standards: The Future of Reporting 2. Introducing the GRI Standards You must also ...

Assignment -purpose - this significant task requires

Assignment - Purpose - This significant task requires forward planning and adequate time for research, reading and reflecting. The purpose of the assignment is to enable you to achieve outcomes in knowledge, skill and ap ...

Australian commercial law assessment - part a 300 words -in

AUSTRALIAN COMMERCIAL LAW ASSESSMENT - PART A (300 words) - In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a ...

Introduction to business law assessment -case - garcia v

INTRODUCTION TO BUSINESS LAW ASSESSMENT - CASE - Garcia v NAB Introduction of relevant background of the issue, explanation and setting out the argument/theme, key issues and the structure that follows. Identification of ...

Group report1 this group assignment consists of 2 parts

GROUP REPORT 1. This group assignment consists of 2 parts. Part A is a case study on contract law, and Part B is a question involving Corporations Law. Both questions must be answered. 2. The total word limit for the gro ...

Assignment - advanced financial accounting1 classification

Assignment - Advanced Financial Accounting 1. 'Classification of liabilities is based on the same principles as the classification of assets.' Do you agree with this? Why or why not? 2. 'Classification of liabilities as ...

Assessment taskassignment questiondiscussi the main ways

Assessment Task Assignment question: Discuss: i. the main ways that a company may source finance; and ii. the benefits and costs associated with the main sources of corporate finance. Guidance - Students are to read text ...

Business law assignment question -mabo has been said to a

BUSINESS LAW ASSIGNMENT QUESTION - Mabo has been said to a cornerstone of the Australian legal system. Your response must discuss the following: 1. Discussion of the Mabo (No 2) case. 2. Explain the impacts of the case o ...

The good cop click on the tab and read the journal essay

The Good Cop." Click on the tab and read the journal essay. Pay particular attention to II The Third Way: Rightful Policing. In the essay, the author makes the case for, what she terms, "rightful policing." What is right ...

Corporations law - assignment questions -objectives -

CORPORATIONS LAW - ASSIGNMENT QUESTIONS - Objectives - Answer the following questions with reference to the relevant statute law and general common law principles operating in Australia concerning the consequences of the ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As