e-Sign with Lawpath

Shareholders' Circulating Resolution (Ordinary Resolutions and Special Resolutions)

This Shareholders' Circulating Resolution (Ordinary Resolutions and Special Resolutions) document serves to enable shareholders of a company to pass ordinary resolutions without needing to hold a meeting.
star
star
star
star
star_half
4.8 (12 reviews)
timer
Under 5 minutes
location_on
Suitable for Australia
Get 1st document free

Document Overview

In accordance with the Corporations Act 2001 (Cth), the majority of decisions your company makes must be made using a resolution. In order for your resolutions to comply with these laws, you may either:

  • Pass the resolutions by majority vote at a meeting of shareholders;

  • Obtain the signatures of all the shareholders through a circulating resolution, as this document provides for.

Both ordinary and special resolutions may be passed as circulating resolutions.

Legal considerations

It’s important to remember that despite the fact legislation allows you to pass a resolution in this way, your company constitution or shareholders agreement may require a different process. For example, your constitution might state that shareholders must hold a meeting for all resolutions. Therefore it is recommended that you review these documents first to check whether your company has a specific procedure (ie. meeting) regarding passing resolutions. 

Note that a resolution approving the appointment or removal of an auditor must be voted for at a meeting of shareholders, and cannot be passed through a circulating resolution.

You should also be aware that this document is best suited to decisions that are likely to be agreed on by every shareholder, and therefore do not require a meeting. Given this type of resolution requires a unanimous conclusion, it is not appropriate for resolutions that are complicated and likely to involve disagreement. 

Use this Resolution If:

  • You want to pass a resolution without having to hold a meeting

  • It is likely that all shareholders will agree to the decisions made through the resolution

  • Your company constitution or shareholder’s agreement does not have any conflicting procedures concerning passing resolutions

What does this Resolution cover?

  • Statement in favour of resolution

  • Details of the decisions being made

  • Statement directing changes to be actioned

Further information:


It's never beenso easy
laptop_mac
Sign-up to a free Lawpath accountLawpath is free to join, and you get one free legal document when you sign-up. Also, you can receive unlimited e-signature requests with your Lawpath account.
folder_open
drive_file_rename_outline
Collaborate with e-Sign and SharingHaving access to your legal documents has never been easier. You can request e-signature, share the document and download for an efficient collaboration.
Create unlimited legal documents and eSignatures for only $39/month.Upgrade to a Lawpath legal plan to boost your new business.
View plans & pricing
Here's what people say about Lawpath’s Shareholders' Circulating Resolution (Ordinary Resolutions and Special Resolutions)
star
star
star
star
star
Easy to useTemplate was amazing simple and easy to understand
people
Matt
star
star
star
star
star
Easy to use and understandThis document was easy to use and perfect for what i required.
people
Shannon
star
star
star
star
star
Very user friendlyThe interface was very easy to use instructions are easy to follow
people
Diep
star
star
star
star
star
Easy to select a template and create!The document was easy to create and perfect for my new website
people
Drew73
star
star
star
star
star
It was great !It was extremely easy to create and download. Highly recommended.
people
Sydney Wedding Media
star
star
star
star
star
Easy to use!The document was easy to create! Exactly what i needed.
people
Colin 123
star
star
star
star
star
Quick and easyDocument was created quickly and will be perfect for my business
people
Brock12345
star
star
star
star
star_outline
Easy asThe process was quick, clear and simple and the result is perfect for the job.
people
Private user
star
star
star
star
star
ExcellentWas very easy to put together thank you very much.
people
Lucy
star
star
star
star
star
Free is always good and this was awesomeThe document was fantastic and i would recommend this company
people
Stephen
Powered by
Looking for more documents?
chevron_right
Privacy Policy
chevron_right
Loan Agreement
chevron_right
Cleaner Contract
search
Browse all legal documents