Constitution Of The Company
The following definitions would be applicable in this constitution unless the contrary is stated.
Australian Securities and Investment Commission (ASIC)
Corporation Act 2001 (CA)
This Constitution (constitution)
Persons appointed and acting as directors (directors)
Provisional and concluding dividend (dividend)
Individuals or body corporate present at the time of meetings (present members)
Rate for dividends with respect to preference shares which is stated on share certificate (Preference Rate).
Charged interest by bank, base rate (Prescribed rate)
Official and common seal of company (seal)
The italics and bold used in this constitution are only for expedience and do not change the meaning of the words unless the contrary is provided.
Application of replaceable rule.
The rules are applicable of the following shares.
As per section 112(1) of the CA the company can be registered as a no liability company as its main purpose is mining.
As per section 112 (2) of the CA the company can be registered as it has a share capital and does not have contractual rights with respect to this constitution for recovering calls on shares who failed to pay.
Directors have the power with respect to issuing share on behalf of the company which may include shares along with other options over shares..
The directors have the power to issue any kind of share or security but subjected to the restrictions provided by law.
Different classes of shares
Class A share will be issued by the company during the time of incorporation. They will ne general shares.
Class B shares will be assessed by the company which would be redeemable preference shares.