SUPREME COURT (CORPORATIONS) RULES 1999 - REG 3.3
Order for meetings to identify proposed scheme
SUPREME COURT (CORPORATIONS) RULES 1999 - REG 3.3
Order for meetings to identify proposed scheme
3.3 Order for meetings to identify proposed scheme
(1) An order under subsection 411 (1) or (1A) of the Corporations Act ordering
a meeting or meetings in relation to a proposed compromise or arrangement must
set out in a schedule, or otherwise identify, a copy of the proposed
compromise or arrangement.
(2) Unless the Court otherwise orders, a meeting
of members ordered under section 411 of the Corporations Act must be convened,
held and conducted in accordance with:
(a) the provisions of Part 2G.2 of the
Corporations Act that apply to the members of a company, and
(b) the
provisions of the plaintiff's constitution that apply in relation to meetings
of members and are not inconsistent with Part 2G.2 of the Corporations Act.
(3) Unless the Court otherwise orders, a meeting of a class of holders of
convertible securities ordered under section 411 of the Corporations Act must
be convened, held and conducted as if:
(a) the holders were a separate class
of members, and
(b) the meeting were a meeting of members convened, held and
conducted under subrule (2),
but in accordance with, and subject to, the
applicable provisions of the instrument under which the securities were
issued.
