Question
COULD YOU PLEASE ANSWER IT IN IRAC/ILAC FORMAT with R/L section including the specific sections of law from Corporations law? No rush, take your time
COULD YOU PLEASE ANSWER IT IN IRAC/ILAC FORMAT with R/L section including the specific sections of law from Corporations law? No rush, take your time
High Energy Ltd (Energy) is a listed company with interests in the oil and gas sector in Australia and the USA. It is headquartered in Brisbane.
Energy has a board of five directors, consisting of three executive directors and two independent, non-executive directors. The executive directors are also shareholders in Energy. They own 20% of Energy's shares each, as does Whitesand Inc, a US investment fund.
The remaining shares are owned by members of the public, including Corporate Citizens against Climate Change (CCCC), which has a 1% shareholding. CCCC is a company limited by guarantee that campaigns on business social responsibility issues. It uses small shareholdings in Australian companies to push them to reduce their greenhouse gas emissions.
CCCC has targeted Energy because of its significant investments in the US fracking industry, which produce high levels of greenhouse gas, and because CCCC understands that Whitesand also supports a 'net-0' agenda.
CCCC wishes to bring three resolutions to a general meeting of Energy:
1) that Energy consider divesting itself of 40% of its interests in the US fracking business by 2040;
2) that Energy's constitution be changed to prohibit the company from investing in any new fracking businesses; and
3) that Energy's board be required to produce a report each year on its progress towards a 'net-0' emissions goal.
CCCC proposes to hold the meeting via LetsTalkNow, an opensource virtual meeting technology, which is not very well known in Australia but (according to CCCC's IT officer) popular in the US and available for download free-of-charge. She says it is both more secure and reliable than commercial products like Zoom.
CCCC would also like the meeting to be held at US (Californian) time to allow Whitesands' corporate representative to be part of the discussion.
Advise Energy on whether CCCC has the power to ensure that Energy's members meet to consider these resolutions in this way.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started