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Resolution By Shareholders

Resolution By Shareholders Template for Australia

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Key Requirements PROMPT example:

Resolution By Shareholders

"I need a Resolution By Shareholders for TechGrowth Pty Ltd to approve the issuance of 100,000 new ordinary shares to be offered to existing shareholders at $2.50 per share, with the resolution to be effective from March 15, 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Mining & Resources

Technology

Retail

Manufacturing

Professional Services

Healthcare

Real Estate

Agriculture

Construction

Energy

Transportation & Logistics

Education

Telecommunications

Relevant Teams

Legal

Corporate Governance

Company Secretariat

Board of Directors

Compliance

Risk Management

Corporate Affairs

Shareholder Relations

Executive Leadership

Administrative Support

Relevant Roles

Company Secretary

Corporate Lawyer

Legal Counsel

Director

Board Member

Compliance Officer

Corporate Governance Manager

Legal Administrator

Managing Director

CEO

CFO

General Counsel

Corporate Services Manager

Risk Manager

Shareholder Relations Manager

Industries
Corporations Act 2001 (Cth): Primary federal legislation governing corporate law in Australia, including shareholder rights, voting procedures, and company decision-making processes
Corporations Regulations 2001: Supplementary regulations providing detailed requirements for corporate governance, including specific procedures for shareholder resolutions
Electronic Transactions Act 1999 (Cth): Governs the validity of electronic signatures and electronic document execution, relevant for modern shareholder resolutions
Australian Securities and Investments Commission Act 2001: Relevant for compliance with ASIC requirements and corporate governance standards
State-specific Business Laws: Various state-based legislation that may affect company operations and shareholder rights in the relevant jurisdiction
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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