Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p171
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 171/212)
Character Range: 447227–449806

known to any of the directors referred to in subsection (6) or (7), as the case may be, and may reasonably be expected to influence a person in deciding whether or not to vote in favour of the resolution.

"(9) The notice must be the same as each of the other notices of the kind referred to in subsection (1) that relate to the resolution, disregarding the fact that the first-mentioned notice is sent to a different person.

"Subdivision J—Selective Buy-backs

Approval, by special resolution passed by special majority, of selective buy-back by public company

  "206ja. If:

   (a) the company is a public company; and

     (b) the buy-back is not made under a buy-back scheme and is neither an employee-shares purchase nor an odd-lot purchase;

the next conditions are:

     (c) that, before it is entered into, the agreement constituting the buy-back is approved by a special resolution of the company passed, at a meeting, by a majority consisting of:

       (i) at least 75% in number of; and

(ii) members who together hold at least 75% in nominal

value of the shares that entitle their holders to attend

and vote at the meeting and are held by;

   such members of the company as, being entitled to do so, vote in person or, where proxies are allowed, by proxy, at the meeting; and

     (d) that no votes were cast in relation to the resolution in respect of any shares held by:

       (i) a party (other than the company) to the agreement; or

SCHEDULE 5—continued

      (ii) a person associated with such a party; and

     (e) that every notice of the meeting that was sent to a person entitled to vote on the resolution set out, or was accompanied by a notice setting out:

       (i) the intention to propose the resolution; and

      (ii) the matters required by Subdivision K; and

     (f) that, as at the time when the first such notice was so sent, each expert (if any) who had signed under paragraph 206kd (2) (a) or subsection 206ke (1) a report of which a copy was set out in such a notice had given, and had not withdrawn, his or her written consent to the sending of each such notice with the report set out in the form and context in which it was in fact set out in each such notice; and

     (g) that a copy of the agreement as proposed when the first such notice was so sent was available in accordance with the statement set out in each such notice as required by section 206kc; and

     (h) that, apart from the modifications (if any) specified in the resolution, the terms of the agreement as entered into are not materially different