Consent to Short Notice of General Meeting
A Consent to Short Notice of General Meeting allows shareholders to consent to short notice (less than 21 days) of a general meeting of shareholders other than an annual general meeting.
5.0 (1 reviews)
Last updated January 14, 2025
Under 5 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
According to section 249H(2)(b) of the Corporations Act 2001 (Cth) (Act), at least 21 days’ notice must be given of a meeting of a company’s shareholders. However, a company may call a meeting on shorter notice if shareholders with at least 95% of the votes that may be cast at the meeting agree beforehand. Annual general meetings have different notice requirements.
This consent is for use where there is no holding company and there are two or more shareholders. You should attach the notice of meeting. Proprietary companies with two or more shareholders could alternatively use a circular resolution if all shareholders consented, see Shareholders' Circulating Resolution (Ordinary Resolutions and Special Resolutions). Sole shareholder companies should use a sole shareholder resolution. According to section 249H(4) of the Corporations Act, meetings may not be called on short notice where resolutions may be passed to remove an auditor, even where consent is given.
The consent should specify whether any special resolutions will be passed at the meeting.
The Legal Risk Score of a Consent to Short Notice of General Meeting Template
Our legal team have marked this document as medium risk considering:
- There is a risk that consenting to a shorter notice period for a general meeting might not provide sufficient time for all members to adequately prepare or adjust their schedules to attend the meeting, potentially affecting the decision-making process.
- By agreeing to pass resolutions with less than the required notice, members may not have enough time to fully consider the implications of the resolutions, which could lead to uninformed or rushed decision-making.
- This consent reduces the standard procedural safeguard of ample notice as stipulated in the company's constitution, which could set a precedent for future governance practices, potentially undermining the thoroughness of organizational processes.
Consent to Short Notice of General Meeting Checklist
Complete your free Consent to Short Notice of General Meeting with our checklist
Verify Member Consensus
Ensure that all signing members understand and agree to the implications of consenting to a shorter notice period for the general meeting.
Document Storage
Keep a securely stored copy of the signed consent document for record-keeping and future reference.
Communicate with All Members
Inform all company members about the change in the notice period and the upcoming general meeting to ensure transparency and maintain trust.
Review Legal Compliance
Check that the shortened notice period and the process of passing resolutions comply with relevant laws and the company's constitution to avoid any legal issues.
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