The Corporations Amendment (Meetings and Documents) Act 2022 (Act) has inserted a new Part 1.2AA into the Corporations Act 2001 (Cth) (Corporations Act). Division 2 of the new Part 1.2AA deals with meetings and sending of documents.
The Act introduces a requirement under the Corporations Act (being s 110K of the Act) for members of a public company, registered scheme or disclosing entity to be sent a notice of their right to elect to receive documents electronically or in physical form, and of their right to elect not to receive documents:
- at least once in each financial year; or
- for such entities to make the notice available on a website.
The relevant documents to which s 110K of the Corporations Act applies include:
- documents that relate to a meeting of members, such as notices of meeting, proxy and voting forms;
- documents that relate to a resolution to be considered by members without a meeting;
- Annual Reports (comprising the financial report, directors’ report and auditor’s report for the relevant financial year);
- and a notice of Members’ rights under section 110K of the Corporations Act, unless the notice is readily available on a website,
together with any other documents prescribed by relevant regulations.
For assistance in preparing the notice of members’ rights under section 110K, please contact Hamilton Locke’s Capital Markets team.
