Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 250J

How voting is carried out (replaceable rule--see section 135)

  (1)   A resolution put to the vote at a meeting of a company's members may be decided on a show of hands unless a poll is demanded.

Note:   For listed companies, certain resolutions must be decided on a poll despite this subsection   (see section   250JA).

  (1A)   Before a vote is taken the chair must inform the meeting whether any proxy votes have been received and how the proxy votes are to be cast.

  (2)   On a show of hands, a declaration by the chair is conclusive evidence of the result, provided that the declaration reflects the show of hands and the votes of the proxies received. Neither the chair nor the minutes need to state the number or proportion of the votes recorded in favour or against.

Note:   Even though the chair's declaration is conclusive of the voting results, the members present may demand a poll (see paragraph   250L(3)(c)).



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