Question:
PART 1 15%
REGISTER A PROPRIETARY COMPANY - Read Sections 117,134,135, 169.
The internal management of the company is to governed by the Replaceable Rules.
You are required to create a constitution making a class of NON VOTING SHARES
PART 2 15 %
Draft (create ) a NOTICE OF MEETING and PROXY FORM - THE AGENDA IS TO AMEND THE CONSTITUTION TO CREATE A CLASS OF PREFERENCE SHARES - READ SECTION 254A(2)
REMEMBER ALL ASSIGNMENTS and TEST ARE TESTS OF YOUR KNOWLEDGE NOT OTHER PEOPLES. ANY WORK SUBMITTED WHICH IS NOT YOUR OWN WILL BE TREATED AS ACADEMIC MISCONDUCT.
Answer:
Part 1
Definitions
Where to the contrary is not expressly mentioned the application of the following definition has to be done in relation to this constitution.
- Dividend- Provisional and concluding dividend
- CA- Corporation Act 2001
- Directors- Persons appointed and acting as directors
- ASIC- Australian Securities and Investment Commission
- Present members- Body corporate or individuals available during a meeting
- Constitution- This Constitution
- Prescribed rate- Base rate and the Charged interest by bank
- Preference Rate- Rate for dividends of preference shares which is provided on the share certificate
- Seal- Official and common seal of company
Part 2
Interpretation within the constitution
No meaning of the words in this constitution subjected to be altered through the use of italics if it is not stated expressly
Part 3
General provisions
The company in compliance of section 117 of the CA does not allow from public funding or having more than 50 members within its registrar.
Section 4
Share issue
The directors have been provided the power through the constitution to issue shares on the behalf of the company. The powers not only include share issue but also options over share issue.
Unless otherwise restricted by law the directors have the power to issue any form of security or share on behalf of the company
Part 5
Different classes of shares issued by the company
The company is going to issue class A shares during the time of incorporation. These shares will be take the form general shares and will not be allocated with any right to vote.
Part 6
Replaceable rules
The company would be governed by the replaceable rules entirely