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Circular resolution template australia 2025

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The document is a circular resolution of directors for a company, outlining the process for directors to approve a specific resolution without convening a formal meeting, in accordance with section 248A of the Corporations Act 2001 (Cth). It includes spaces for the company name, ACN, subject matter, and signatures of the directors.

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Can a public company pass a circular resolution?

Key Takeaways. A circulating resolution allows directors or shareholders to pass a resolution in writing, rather than having to hold a meeting. The general rule is that companies may pass a circulating resolution if all the parties that are entitled to vote on the resolution sign that they are in favour of it.

What cannot be passed by circular resolution?

SPECIFIC RESTRICTIONS FOR RESOLUTIONS THAT CAN NOT BE PASSED BY CIRCULATION: To issue debentures. To take decisions regarding investing the funds of the company. To make investments in shares of the other companies. To approve the transactions related to merger or acquisition.

How to pass a circular resolution?

PROCEDURE 2.1 A resolution proposed to be passed by circulation should be sent in draft form, together with the necessary papers, individually to all the directors or, in the case of a Committee to all the members of the Committee, at the same time.

Can a public company pass a circulating resolution?

(2) A company may pass a resolution without a general meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.

Can a public company pass a written resolution?

Subsection (1) allows a private company to pass a resolution either as a written resolution or at a meeting of the members. Subsection (2) allows a public company to pass a resolution only at a meeting of the members.

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What is the circular resolution model?

Circular resolutions, as per Section 175 of the Companies Act, 2013, allow the Board of Directors to make urgent decisions without formal meetings. This method is quick, efficient, and essential for time-sensitive matters.

Which type of resolution can only be passed by a private company?

Written resolutions Provided there are no restrictions in the articles of association, members resolutions (ordinary and special) and directors resolutions can be passed in writing. This option, however, is only available to private limited companies, not PLCs.

How do you write a circular resolution?

Identify the purpose of the resolution: Clearly state the purpose of the resolution and what action is being proposed. This can include information about a new program, policy, or financial decision. Provide background information: Provide the necessary background information and context for the resolution.

Circular resolution template australia 2025

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What is the circular resolution model?

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