Civil Law Report: Analysis of Corporate Law under the Corporations Act

This report provides an overview of Australian corporate law, primarily focusing on the Corporations Act of 2000. It details the legal framework governing companies in Australia, emphasizing the roles of the Australian Securities and Investments Commission (ASIC) in regulation and monitoring. The report examines key aspects of corporate governance, including the procedures for calling company meetings, the voting rights of members, and the appointment of directors, referencing relevant sections of the Corporations Act. It outlines the necessary documentation for meetings, the importance of voting in decision-making, and the qualifications and procedures for director appointments, including the maintenance of records and the role of members in the appointment process. The conclusion summarizes the key provisions derived from company law, highlighting the collaborative decision-making processes within corporations.

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Civil Law

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Introduction
The corporate law under Australia is derived from the provisions of company law. The
Corporations Act of 2000 is the main and the fundamental framework by the national authority
of Australia. This act is regulated and monitored under the Australian Securities and Investments
Commission. References and precedents are formed from this statute. This act applies to both the
public and the private sector companies (Kershaw, 2012). The important documents with regard
to the calling of a meeting, voting of the members and the appointment of a director in the
company are included with relevant information and facts in this assignment with the help of the
corporation Act of 2006.
Documents required to call a meeting
In order to call for a meeting of the members of the company, a notice that such meeting would
be held and needs to be held must be established. This notice must contain the elaborate details
of the pace of occurrence of the meeting and specify the time along with it. the meeting can be
conducted in more than one place. If so, it must be mentioned. The overall discussion of the
purpose of the meeting should be stated. A special resolution of the meeting the can be passed
and the reasons for the same should be mentioned in it. in case a member would be absent, the
appointment of an alternative is required (Hanrahan, Ramsay & Stapledon, 2013). The
documentation of the above is necessary. Thus these were the important documents to call a
meeting.
Voting
The voting among the members of the company hold an important position with regard to the
important decisions of the company and they would be undertaken jointly by the board and the
members voting together. this gives a special right to the employees appointed and they possess
the right of exercising their opinion. The decisions are not imposed upon them by the
management. They think about the benefits of the company and provide their decisions for the
same (Lipton, Herzberg & Welsh, 2015).

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Appointment of a Director
Section 251A of the above act, for the appointment of a director, should maintain a record of the
previous directors and the important decisions undertaken by them. For the appointment of a
director, he must be suitable for that position and possess the required qualifications for the
same. A meeting should be conducted for this purpose and a resolution must be passed in case of
disputes regarding the decision of the appointment of a director for the company. An
appointment letter of the director must be signed by the head of the company and should be
registered with the office provisions (Sealy & Worthington, 2013). Section 201G of the act states
that a director can be appointed by the members at a general meeting.
Conclusion
After a close perusal of the above information from the Corporation Act of 2000, it can be
concluded that the major provisions are derived from the company law. All the important
decisions are taken after consultation with all prime members of the association and thereby
imposed.

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Reference List
Hanrahan, P.F., Ramsay, I. and Stapledon, G.P., 2013. Commercial applications of company law.
London, UK: Sage.
Kershaw, D., 2012. Company law in context: text and materials. London, UK: Oxford University
Press.
Lipton, P., Herzberg, A. and Welsh, M., 2015. Understanding Company Law: to 52; Pages: 53
to 104; Pages: 105 to 156; Pages: 157 to 208; Pages: 209 to 260; Pages: 261 to 312;
Pages: 313 to 364; Pages: 365 to 416; Pages: 417 to 468; Pages: 469 to 520; Pages:
521 to 572; Pages: 573 to 624; Pages: 625 to 676; Pages: 677 to 728; Pages: 729 to
780; Pages: 781 to 832; Pages: 833 to 884; Pages: 885 to 936; Pages: 937 to 988;
Pages: 989 to 1040; Pages: 1041 to 1047. Canberra, Australia: Thomson Reuters
(Professional) Australia Pty Limited.
Sealy, L. and Worthington, S., 2013. Sealy & Worthington's Cases and Materials in Company
Law. London, UK: Oxford University Press.