Failure of directors to call general meeting

– section 249E of the Corporations Act 2001

If Directors have failed to call a general meeting, certain members are entitled to call a general meeting. It is an offence for Directors not to provide a copy of the register of members to the members holding the general meeting. It is also an offence for Directors not to pay the reasonable expenses of holding a general meeting.

  • The board of Directors have failed to call a general meeting. Members entitled under s 249D to call a general meeting attempt to call a meeting but are not provided with a register of all of the members.
  • Members entitled to call a general meeting hold a meeting but they are not reimbursed for the cost of printing the agendas for the meeting.

  • You are a Director in a company and took reasonable steps to provide the members with the register.
  • You are a Director in a company and took reasonable steps to reimburse the members who organised the meeting.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Why was there failure to call a General meeting?
  • Did you know that a registrar of members was not provided?
  • Did you know that members were not reimbursed for holding a general meeting?

Court that deals with this charge
This charge will generally be heard in the Magistrates’ Court.
 
The section that covers this offence is section 249E of the Corporations Act 2001.

What is the legal definition of Failure of Directors to Call General Meeting?
It is an offence for Directors of a company not to provide a copy of the register of members to the members holding the general meeting. It is also an offence for Directors not to pay the reasonable expenses of holding a general meeting.
 
We currently do not have case studies and links to other information about Failure of Directors to Call General Meeting.
 
We currently do not have any sentencing info for the offence of Failure of Directors to Call General Meeting.