Section 249H — Corporations Act 2001 (Cth)

General rule

(1) Subject to subsection (2), at least 21 days notice must be given of a meeting of a company’s members. However, if a company has a constitution, it may specify a longer minimum period of notice.

Calling meetings on shorter notice

(2) A company may call on shorter notice:

(a) an AGM, if all the members entitled to attend and vote at the AGM agree beforehand; and

(b) any other general meeting, if members with at least 95% of the votes that may be cast at the meeting agree beforehand.

A company cannot call an AGM or other general meeting on shorter notice if it is a meeting of the kind referred to in subsection (3) or (4).

Shorter notice not allowed—removing or appointing director

(3) At least 21 days notice must be given of a meeting of the members of a public company at which a resolution will be moved to:

(a) remove a director under section 203D; or

(b) appoint a director in place of a director removed under that section.

Shorter notice not allowed—removing auditor

(4) At least 21 days notice must be given of a meeting of a company at which a resolution will be moved to remove an auditor under section 329.

Related sections

• s 249E — Failure of directors to call general meeting
• s 249F — Calling of general meetings by members
• s 249G — Calling of meetings of members by the Court
• s 249HA — Amount of notice of meetings of listed company
• s 249J — Notice of meetings of members to members and directors
• s 249K — Auditor entitled to notice and other communications

Research how courts apply s 249H

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.