The Resolution By Shareholders is a crucial corporate governance document used in Australian companies when shareholders need to make formal decisions about company matters. It is required under the Corporations Act 2001 for various corporate actions, ranging from routine matters to significant changes in company structure or operations. The document can be created either through decisions made at a properly convened general meeting or via circular resolution where allowed by the company constitution. The resolution must specify whether it is an ordinary resolution (requiring more than 50% approval) or a special resolution (requiring 75% approval), and must include all necessary information for proper record-keeping and regulatory compliance. This document type is essential for maintaining proper corporate governance and creating a clear audit trail of shareholder decisions.
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1. Company Details: Full legal name of the company, ACN, and registered office address
2. Meeting Details: Date, time, and nature of meeting (if applicable) or specification that it's a circular resolution
3. Attendance/Participation: List of shareholders participating in the resolution, including shareholding details and voting rights
4. Background: Brief context explaining why the resolution is being made
5. Resolution Type: Specification of whether it's an ordinary or special resolution
6. Resolution Text: Clear and precise wording of the actual resolution(s) being passed
7. Declaration: Statement confirming the resolution has been properly passed in accordance with the company's constitution and the Corporations Act
8. Execution Block: Space for shareholders' signatures or electronic execution, including date of signing
1. Quorum Statement: Required when the resolution is passed at a meeting, confirming that quorum requirements were met
2. Proxy Details: Include when any shareholders are voting by proxy
3. Recitals: Additional background information when the resolution requires more detailed context
4. Conditions Precedent: Include when the resolution is subject to certain conditions being met
5. Notice Waiver: Required when shareholders agree to waive standard notice periods
6. Dissenting Votes: Record of any opposing votes when relevant for corporate records
1. Voting Results Schedule: Detailed breakdown of votes cast, including numbers and percentages
2. Supporting Documents: Any relevant documents referenced in the resolution (e.g., agreements being approved)
3. Certificate of Secretary/Director: Certification of the resolution's validity by company officer
4. Notice of Meeting: Copy of the notice sent to shareholders (if applicable)
5. Share Registry Extract: Current shareholding details as of the resolution date
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