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CORPORATIONS REGULATIONS 2001 - REG 7.11.38 Determination of who holds Division 4 financial products in class of Division 4 financial products for the purposes of meeting

CORPORATIONS REGULATIONS 2001 - REG 7.11.38

Determination of who holds Division 4 financial products in class of Division 4 financial products for the purposes of meeting

  (1)   This regulation applies to a meeting of the holders of a class of securities of a body corporate if some or all of the securities in that class are Division   4 financial products.

  (2)   The convener of the meeting may determine that all the securities of the body corporate in the relevant class that are Division   4 financial products 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:

  (a)   must satisfy any applicable requirements of the ASTC operating rules; but

  (b)   in any case, must not be more than 48 hours before the meeting.

  (4)   The convenor must make a determination:

  (a)   in accordance with any applicable requirements of the ASTC operating rules as to the way in which it must be made; but

  (b)   in any case, before notice of the meeting is given.

  (5)   The convenor must include particulars of the determination in the notice of the meeting.

  (6)   However, a failure to include particulars of the determination in the notice of the meeting does not invalidate the determination.

  (7)   The convenor's determination has effect accordingly despite anything in:

  (a)   the Act; and

  (b)   these Regulations; and

  (c)   any other law (written or unwritten) that applies to the meeting; and

  (d)   any document that applies to the meeting (for example, the body corporate's constitution or a relevant trust deed).

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