Commonwealth Numbered Regulations
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1990 No. 455 CORPORATIONS REGULATIONS - REG 5.6.12
Notice of meeting
5.6.12. (1) The person convening a meeting must:
(a) give not less than 7 days' notice of the time and place of the meeting
(other than a meeting of a committee of inspection); and
(b) advertise the meeting, in each State, Territory and excluded Territory
in which the company carries on business, or has carried on business
at any time during the 2 years immediately preceding that date, in a
daily newspaper circulating generally in that State, Territory or
excluded Territory; and
(c) subject to subregulations (6) and (7), send notice in writing of the
meeting by prepaid post, or deliver it personally, not less than 14
days before the day of the meeting (including a meeting of a committee
of inspection), to every person appearing on the company's books or
otherwise to be:
(i) in the case of a meeting referred to in subparagraph 5.6.11 (2) (a)
(i) - a member, creditor or contributory of the company; or
(ii) in the case of a meeting referred to in subparagraph 5.6.11 (2) (a)
(ii) - a member or creditor of the company; or
(iii) in the case of a meeting referred to in subparagraph 5.6.11 (2) (a)
(iii) - a member of the committee of inspection; or
(iv) in the case of a meeting referred to in paragraph 5.6.11 (2) (b) - a
holder of a debenture of a corporation.
(2) The notice referred to in subregulation (1) must be:
(a) if convening a meeting of creditors under subsection 496 (1) of the
Corporations Law - in accordance with Form 521; or
(b) in any other case - in accordance with Form 529.
(3) A notice of a joint meeting of the creditors and members of a company must
be sent to the creditors of the company at the same time as it is sent to the
members of the company.
(4) A notice to a creditor must be sent by the person convening the meeting:
(a) to the address given by the creditor in his or her proof of debt or
claim; or
(b) if the creditor has not lodged a proof, to the address given in the
report on the affairs of the company; or
(c) to any other address known to the person.
(5) A notice of a meeting must be sent by the convenor of the meeting:
(a) to the address given in the company's books as the address of that
person; or
(b) to any other address known to the person convening the meeting.
(6) If a liquidator thinks it appropriate, he or she may convene a meeting of
a committee of inspection by giving less than 14 days' notice of the meeting
in accordance with subregulation (1).
(7) A meeting may be held if all the persons who are entitled to be present
at, and to vote at, the meeting agree, even if it has not been convened in
accordance with these Regulations.
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