Question
QUESTION 18 At a Board meeting of Kindler Pty Ltd, the directors resolved to hold another Board meeting in a week's time to remove Tom
QUESTION 18
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At a Board meeting of Kindler Pty Ltd, the directors resolved to hold another Board meeting in a week's time to remove Tom as a director. Is this resolution procedurally flawed, if so, what is the primary reason?
A. Yes - S. 203C makes it mandatory for directors to be removed by majority vote of members in company meeting, not directors in a directors meeting.
B. Yes - S. 203D(2) states that at least 2 months' notice is required to be given to the company.
C. Yes - S. 249H(3) requires 21 days' notice (or shorter if agreed by members) of a company meeting if the meeting is to consider and vote on a resolution to remove a director.
D. Yes - A & C above.
E. No - None of the above.
1 points
QUESTION 19
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What is the difference between a proprietary company limited by shares and a public company limited by shares?
- Public companies must have a secretary.
- A proprietary company must have a registered office and open to the public during business hours.
- A proprietary company is permitted to engage in public fundraising.
- A public company must always include the words Proprietary Limited or the abbreviation Pty Ltd after its name.
- A public company can have a single director.
A only.
A and C only.
A, C, D and E only
C, D and E only.
They are all correct.
1 points
QUESTION 20
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The scope of the board's power of management is determined by s. 198A. According to s. 198A:
- The directors are ultimately answerable to the shareholders.
- The business of the company is to be managed by or under the direction of the directors.
- The directors may exercise all the powers of the company except any powers that the Act or the companys constitution requires the company to exercise in general meeting.
- The directors are authorised to delegate their managerial functions to employees and other persons within the company.
Which of these statements is correct?
B only.
D only.
A and D.
B and C.
B, C and D.
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