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ARTICLE · 30 MAY 2012

2012 AGM proxy problem fixed (almost)

The Government is trying to fast-track an amendment before many companies are too far advanced in planning their AGMs.

AustraliaCorporate/Commercial Law

Chairs of 2012 AGMs will hopefully be able to vote undirected proxies on the remuneration report without having to get ASIC relief or draft convoluted notices of meeting.

On 24 May the Government moved to fast-track a solution to a problem that has dogged public company AGMs since the introduction of the Two Strikes amendments last year. Because of a drafting error, the amendments prohibited chairs from voting undirected proxies on the remuneration report – which was exactly the opposite of what the Government had intended.

The Government initially reacted to this problem by tagging an amendment onto the end of a consumer credit Bill late last year. However, when that Bill became bogged down in parliamentary processes, the Government had to admit that the proxy problem might not be rectified in time for the 2012 AGM season.

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