Section 249Z of the Corporations Act 2001 (Cth) is ‘Company Sending Appointment Forms or Lists of Proxies Must Send to All Members’ and is extracted below.
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Section 249Z of the Corporations Act 2001 (Cth) is Company Sending Appointment Forms or Lists of Proxies Must Send to All Members and reads as follows:
Company Sending Appointment Forms or Lists of Proxies Must Send to All Members
(1) If a company sends a member a proxy appointment form for a meeting or a list of persons willing to act as proxies at a meeting:
(a) if the member requested the form or list–the company must send the form or list to all members who ask for it and who are entitled to appoint a proxy to attend and vote at the meeting; or
(b) otherwise–the company must send the form or list to all its members entitled to appoint a proxy to attend and vote at the meeting.
(2) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
The maximum penalty for the offence of Company Sending Appointment Forms or Lists of Proxies Must Send to All Members is:
5 penalty units (a Commonwealth penalty unit is currently $210).
However, it should be kept in mind that maximum penalties are reserved for the most serious cases.
Your legal team will be able to advise you of the essential elements the prosecution would need to prove in order to establish the offence, whether those elements are capable of being established in your particular situation, the most effective and efficient way forward and the likely outcome.
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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
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