Re: [DNS] Can auDA Directors remove a Director?

Re: [DNS] Can auDA Directors remove a Director?

From: Saliya Wimalaratne <saliya§hinet.net.au>
Date: Mon, 8 Jul 2002 22:21:50 +1000 (EST)
On Mon, 8 Jul 2002, Adam Todd wrote:

> 
> > > > http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s203d.html
> > > Don't know your Corporations law huh?
> >
> >No, I'm pleased to say I don't know my Corporations Law - and hope I never
> >do.  But apparently you don't either.
> >
> > > The Directors can initiate the process.
> > > The Law is written to enable that.
> >
> >The part of the corporations law you referred to above enables members to
> >remove directors.  It says nothing about enabling directors to remove other
> >directors.
> 
> Oh I'm sorry.
> 
> I did NOT realise that the DIRECTORS of auDA were NOT MEMBERS of auDA.

Adam,

My take on the above sentence is 'directors are also members; ergo they
can vote to remove a director; and Mark is an idiot for not realizing this'.

The *very next* section of the Act you quote states:

"CORPORATIONS ACT 2001 SECT 203E 
203E Director cannot be removed by other directors--public companies 
A resolution, request or notice of any or all of the directors of a public company is void to the extent that it purports to: 

(a) remove a director from their office; or 

(b) require a director to vacate their office. "

- so if the preceding s203d applies; then 203e does too - meaning
Directors can't do what you're saying they can. 

Please be quiet.

Regards,

Saliya
Received on Fri Oct 03 2003 - 00:00:00 UTC

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