Western Australian Current Regulations

SUPREME COURT (CORPORATIONS) (WA) RULES 2004 - REG 3.3

3.3 .         Order for meetings to identify proposed scheme

        (1)         An order under section 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement.

        (2)         Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with —

            (a)         the provisions of Part 2G.2 of the Corporations Act that apply to the members of a company; and

            (b)         the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act.

        (3)         Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if —

            (a)         the holders were a separate class of members; and

            (b)         the meeting were a meeting of members convened, held and conducted under subrule (2),

                but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued.