Other (inc. Computer Offences) – VIC

Welcome to the VIC Failure of responsible entity to call meeting of the scheme’s members article page. Everything you need to know about Failure of responsible entity to call meeting of the scheme’s members according to VIC law.

What the Law States according to VIC Law for Failure of responsible entity to call meeting of the scheme’s members

According to VIC Law for the charge of Failure of responsible entity to call meeting of the scheme’s members,

Corporations Act 2001 – SECT 252C
Failure of responsible entity to call meeting of the scheme’s members

(1) Members with more than 50% of the votes carried by interests held by the members who make a request under section 252B may call and arrange to hold a meeting of the scheme’s members and distribute the statement (if any) if the responsible entity does not do so within 21 days after the request is given to the responsible entity.

(2) The meeting must be called and the statement is to be distributed in the same way–so far as is possible–in which meetings of the scheme’s members may be called by the responsible entity and information is distributed to members by the responsible entity. The meeting must be held not later than 3 months after the request is given to the responsible entity.

(3) To call the meeting the members requesting the meeting may ask the responsible entity under section 173 for a copy of the register of members. Despite paragraph 173(3)(b), the responsible entity must give the members requesting the meeting the copy of the register without charge.

(4) The responsible entity must pay the reasonable expenses the members incurred because the responsible entity failed to call and arrange to hold the meeting and to make the distribution (if any). The responsible entity must not pay those expenses from the scheme’s assets.

(5) An offence based on subsection (3) or (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

The Maximum Penalty – Failure of responsible entity to call meeting of the scheme’s members

According to VIC Law for the charge of Failure of responsible entity to call meeting of the scheme’s members,

The reasonable expenses incurred by the members because of the failure to hold the meeting

What the Police must prove according to VIC Law for Failure of responsible entity to call meeting of the scheme’s members

1. The accused is the responsible entity of a scheme
2. The accused was requested to hold a meeting of the scheme’s members
3. The accused failed to do so within the requiresite 21 days

Possible Defences under VIC Law – Failure of responsible entity to call meeting of the scheme’s members

1. Mistake
2. Factual dispute

In VIC which court will hear the matter – Failure of responsible entity to call meeting of the scheme’s members

Magistrates’ Court

 

Date: 09/01/2009