Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 247

247. (1) Subject to this section, a company shall, on the requisition in
writing of such number of members of the company as is specified in
sub-section (2) and (unless the company otherwise resolves) at the expense of
those members-

   (a)  give to members of the company entitled to receive notice of the next
        annual general meeting notice of any resolution that may properly be
        moved and is intended to be moved at that meeting; and

   (b)  circulate to members entitled to have notice of any general meeting
        sent to them any statement of not more than 1,000 words with respect
        to the matter referred to in any proposed resolution or the business
        to be dealt with at that meeting.

(2) The number of members necessary for a requisition under sub-section (1)
is-

   (a)  a number of members who are together entitled to not less than 5% of
        the total voting rights of all the members having at the date of the
        requisition a right to vote at the meeting to which the requisition
        relates; or

   (b)  not less than 100 members holding shares in the company on which there
        has been paid up an average sum, per member, of not less than $200.

(3) Notice of a resolution referred to in sub-section (1) shall be given, and
any statement so referred to shall be circulated, to members of the company
entitled to have notice of the meeting sent to them by serving a copy of the
resolution or statement on each member in any manner permitted for service of
notice of the meeting, and notice of the resolution shall be given to any
other member of the company by giving notice of the general effect of the
resolution in any manner permitted for giving him notice of meetings of the
company, and the copy shall be served, or notice of the effect of the
resolution shall be given, as the case may be, in the same manner and, so far
as practicable, at the same time as notice of the meeting and, where it is not
practicable for it to be served or given at that time, it shall be served or
given as soon as practicable after that time.

(4) A company is not bound under this section to give notice of any resolution
or to circulate any statement unless-

   (a)  a copy of the requisition signed by the requisitioning members (or 2
        or more copies that between them contain the signatures of all the
        requisitioning members) is deposited at the registered office of the
        company-

        (i)    in the case of a requisition requiring notice of a
               resolution-not less than 6 weeks before the meeting; and

        (ii)   in the case of any other requisition, not less than one week
               before the meeting; and

   (b)  there is deposited or tendered with the requisition a sum reasonably
        sufficient to meet the company's expenses in giving effect to the
        requisition, but if, after a copy of a requisition requiring notice of
        a resolution has been deposited at the registered office of the
        company, an annual general meeting is called for a date 6 weeks or
        less after the copy has been deposited, the copy though not deposited
        within the time required by this sub-section shall be deemed to have
        been properly deposited for the purposes of this section.

(5) A company is not bound under this section to circulate any statement if,
on the application either of the company or of any other person who claims to
be aggrieved, the Court is satisfied that the rights conferred by this section
are being abused to secure needless publicity for defamatory matter, and the
Court may order the costs of the company or of the other person on an
application under this section to be paid in whole or in part by the
requisitioning members, notwithstanding that they are not parties to the
application.

(6) Notwithstanding anything in the company's articles, the business that may
be dealt with at an annual general meeting includes any resolution of which
notice is given in accordance with this section, and, for the purposes of this
sub-section, notice shall be deemed to have been so given notwithstanding the
accidental omission to give notice to a member or members.

(7) If default is made in complying with the provisions of this section, the
company and any officer of the company who is in default are each guilty of an
offence.