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West Farmers Pty Ltd is a company formed to provide for a family whose older siblings are running a farming business in NSW. The older
West Farmers Pty Ltd is a company formed to provide for a family whose older siblings are running a farming business in NSW. The older siblings are Fred, Mable, Patrick and John and they each have 1,000 ordinary shares in the company. They are also the Directors of the company. There are also 9 children who each have 500 A Class shares. Under the terms of the Company's constitution, only the ordinary shareholders are entitled to vote to elect the Directors. Each A Class share currently carries an entitlement to vote on any resolution to amend the company's constitution. The directors would like to have the constitution amended so that A Class cannot vote on constitutional amendments. Currently, the company constitution does not have any special rules relating to the procedure to be followed to amend the Class A entitlements. Required: Advise the Board of Directors what is the procedure that is required to make such as amendment. You should also advise whether, in your opinion, it is likely to be successful. Using IRAC template
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