Question
Cool Cat Ltd is an Australian company that manufactures air conditioners. The market in which Cool Cat Ltd operates is very competitive. The board of
Cool Cat Ltd is an Australian company that manufactures air conditioners. The market in which Cool Cat Ltd operates is very competitive. The board of directors therefore decide to raise $12 million to research new technologies to improve Cool Cat Ltd's market share.
Clause 6 of Cool Cat Ltd's constitution gives holders of 'Class C shares' double voting rights in members' meetings. The directors wish to have clause 6 removed from the constitution with the effect that holders of all shares would have one vote per share. Caesar who owns 50% of class C shares objects to the removal of clause 6.
REQUIRED:
With reference to the Corporations Act 2001 (Cth) discuss the various methods available to Cool Cat Ltd to raise $12 million by way of a new share issue. Explain whether and how the company may be able to raise this amount of money without preparing a full prospectus.
Note: You are required to use the 4-step process in answering this question. The marks allocated for the steps are as follows:
Steps 1 and 2: 4 marks
Steps 3 and 4: 6 marks
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