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EQUATORIAL RESOURCES LIMITED — Proxy Solicitation & Information Statement 2007
Sep 2, 2007
64870_rns_2007-09-02_c438667c-f289-4d44-885c-e1fbb0578473.pdf
Proxy Solicitation & Information Statement
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EQiTX LIMITED ABN 50 009 188 694
NOTICE OF MEETING
AND
EXPLANATORY MEMORANDUM
For the General Meeting to be held on Thursday 4 October 2007 at 2pm (WST) at Level 34, Exchange Plaza, 2 The Esplanade, Perth Western Australia
IMPORTANT INFORMATION
This is an important document that should be read in its entirety. If you do not understand it you should consult your professional advisers without delay.
If you wish to discuss any aspect of this document with the Company please contact the Company Secretary, Mr Scott Mison on telephone (08) 9421 2111
NOTICE OF GENERAL MEETING
Notice is hereby given that a General Meeting of EQiTX Limited (“EQiTX” or “Company”) will be held at Level 34, Exchange Plaza, 2 The Esplanade, Perth, Western Australia on 4 October 2007 at 2.00 pm (WST).
The Explanatory Memorandum that accompanies and forms part of this Notice of General Meeting describes the various matters to be considered.
AGENDA
ORDINARY BUSINESS
RESOLUTION 1: RATIFICATION AND APPROVAL OF PREVIOUS ALLOTMENT AND ISSUE OF CONVERTIBLE NOTES
To consider and, if thought fit, pass, with or without amendment, the following ordinary resolution:
“That for the purposes of Listing Rule 7.4 and for all other purposes, Shareholders ratify and approve the allotment and issue of 6,800,000 convertible notes to sophisticated investors (as set out in the Explanatory Memorandum) at $0.10 per convertible note on 31 January 2006.”
Voting Exclusion :
In accordance with ASX Listing Rule 7.5.6, the Company will disregard any votes cast on Resolution 1 any person who participated in the issue (refer to details in the Explanatory Memorandum) and any person who might obtain a benefit, except a benefit solely in the capacity of the security holder, if Resolution 1 is passed and any person associated with those persons. However, the Company need not disregard a vote if it is cast by a person as proxy for a person who is entitled to vote, in accordance with the directions on the proxy form or it is cast by the person chairing the meeting as proxy for a person who is entitled to vote, in accordance with a direction on the proxy form to vote as the proxy decides.
RESOLUTION 2: APPROVAL OF ALLOTMENT AND ISSUE OF SHARES
To consider and, if thought fit, pass, with or without amendment, the following ordinary resolution:
“That for the purposes of Listing Rule 7.1 and for all other purposes, Shareholders approve the allotment and issue of up to 6,250,000 fully paid ordinary shares to sophisticated investors (as set out in the Explanatory Memorandum).”
Voting Exclusion : In accordance with ASX Listing Rule 7.3.8, the Company will disregard any votes cast on Resolution 2 by any person who may participate in the proposed issue and any person who might obtain a benefit, except a benefit solely in the capacity of the security holder, if Resolution 3 is passed and any person associated with those persons. However, the Company need not disregard a vote if it is cast by a person as proxy for a person who is entitled to vote, in accordance with the directions on the proxy form or it is cast by the person chairing the meeting as proxy for a person who is entitled to vote, in accordance with a direction on the proxy form to vote as the proxy decides.
OTHER BUSINESS
To consider any other business that may be brought before the Meeting in accordance with the Constitution of the Company and the Corporations Act.
BY ORDER OF THE BOARD
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SCOTT MISON Company Secretary Dated: 30 August 2007
INFORMATION FOR MEMBERS:
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A member entitled to attend and vote is entitled to appoint a proxy to attend and vote on the member’s behalf. A member entitled to cast two or more votes may appoint two proxies and may specify the proportion or number of votes each proxy is appointed to exercise. If no proportion or number is specified, each proxy may exercise half the member’s votes.
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A proxy need not be a member of the Company.
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A proxy form (and the power of attorney (if any) under which it is signed or satisfactory proof of that power) must be received at the registered office not less than 48 hours before the time for holding the meeting:
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By hand: at 770 Canning Highway, Applecross WA 6153;
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By mail: PO Box 535, Applecross WA 6953;
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By facsimile: (08) 9315 2233.
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Corporate members must either:
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Appoint a proxy, as set out above;
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Appoint a representative; or
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Appoint an attorney.
The instrument of appointment of a representative or attorney must be produced at the meeting.
- All shareholdings recorded in the Company’s share register at the close of business on 2 October 2007 will be taken, for purposes of the Meeting, to be held by the persons who were registered as members at that time.
ADMISSION TO MEETING
Corporate representatives are requested to bring appropriate evidence of appointment as a representative in accordance with the constitution of the Company. Attorneys are requested to bring the original or a certified copy of the power of attorney pursuant to which they were appointed. Proof of identity will also be required for corporate representatives and attorneys.
EQiTX LIMITED ABN 50 009 188 694
EXPLANATORY MEMORANDUM
This Explanatory Memorandum has been prepared for the information of members of EQiTX Limited (“EQiTX” or "Company") in connection with the business to be conducted at the General Meeting of Shareholders of the Company to be held on 4 October 2007.
This Explanatory Memorandum should be read in conjunction with the accompanying Notice of Meeting. RESOLUTION 1 RATIFICATION AND APPROVAL OF PREVIOUS ALLOTMENT AND ISSUE OF CONVERTIBLE NOTES
The Directors of the Company issued 6,800,000 Convertible Notes at an issue price of $0.10 each on 31 January 2007 to raise $680,000 before costs.
Resolution 1 has been included so that Shareholders may approve and ratify the issue of those Convertible Notes pursuant to ASX Listing Rule 7.4, which enables the shareholders of a company to ratify an issue of securities provided that the issue does not fall within one of the exceptions Listing Rule 7.1 and does not breach the 15% restriction contained in Listing Rule 7.1.
If the issue is ratified by this resolution, then the Company will be entitled to issue further securities in accordance with the terms and restrictions of Listing Rule 7.1.
For the purpose of Listing Rule 7.5, the following information is provided:
(a) The number of securities allotted
A total of 6,800,000 Convertible Notes were issued.
(b) The price at which the securities were issued
The Convertible Notes were issued with a face value of $0.10 each;
(c) The terms of the securities
The terms and conditions of the Convertible Notes are outlined in Annexure A to the Notice of Meeting;
(d) The names of the allottees
The Convertible Notes were issued to the following parties:
| Larchmont ServicesLtd | 800,000 |
|---|---|
| Bokal Nominees Pty Ltd | 200,000 |
| Benolyn HoldingsPtyLtd | 200,000 |
| Springtide Capital PtyLtd | 500,000 |
| BeirneTradingPtyLtd | 1,000,000 |
| Sonmit Pty Ltd | 500,000 |
| Lupa and CompanyPtyLtd | 200,000 |
| LMR Franco UnitTrust | 400,000 |
| Timothy Bryan Davies and Pamela Dawn Forrester FundA/C> | 200,000 |
| C Pismiris Pty Ltd | 200,000 |
| Mikado Corporation Pty Ltd | 700,000 |
| Carl Philip Coward | 150,000 |
| Celtic Capital PtyLtd | 200,000 |
| Social Investments Pty Ltd | 400,000 |
| Andrew Paul Donnelly | 200,000 |
| MalcolmShipper | 250,000 |
| Simon Wheeler PtyLtd | 200,000 |
| Catpar PtyLtd | 250,000 |
| Klintberg Group Pty Ltd | 250,000 |
| 6,800,000 |
(e) The use of the funds raised
An amount of $680,000 was raised from the issue of the Convertible Notes. These funds have been applied to working capital.
(f) A voting exclusion statement
A voting exclusion statement is included in the Notice under the heading “Voting Exclusion”.
RESOLUTION 2
APPROVAL OF ISSUE OF SHARES
Resolution 2 seeks Shareholder approval for the allotment and issue of up to 6,250,000 Shares at an issue price of 16 cents per Share ( Placement ).
Listing Rule 7.1 provides that an entity must not, subject to certain exceptions, issue during any 12 month period any equity securities or other securities with rights of conversion to equity (such as an option) if the number of those securities exceeds 15% of the total ordinary securities on issue at the commencement of that 12 month period.
The number of ordinary shares proposed to be issued under the Placement will not amount to more than 15% of the Company’s current issued ordinary share capital. The Company, however, is seeking approval for the purposes of Listing Rule 7.1 for the issue of up to 6,250,000 Shares. This will enable the Company to have the flexibility to issue equity securities in the future up to the 15% threshold without the requirement to obtain Shareholder approval.
Listing Rule 7.3 contains requirements as to the contents of a notice sent to Shareholders for the purposes of Listing Rule 7.1 and the following information is included in the Explanatory Memorandum for that purpose:
(a) The maximum number of securities the Company is to issue
The maximum number of securities to be issued pursuant to Resolution 2 is 6,250,000 Shares.
(b) The date by which the Company will issue the securities
The Shares will be issued no later than three months after the date of the Meeting or such later date as may be permitted by any waiver granted by ASX.
(c) The issue price of the securities
The issue price of each Share will be 16 cents.
- (d) The names of the allottees (if known) or the basis upon which allottees will be identified or selected
The Shares will be issued to sophisticated and institutional investors identified by the Directors.
(e) The terms of the securities
The Shares the subject of Resolution 2 are fully paid ordinary shares and will rank equally with the Company’s existing Shares.
(f) The intended use of the funds raised
As previously announced on 23 July 2007, EQiTX has signed a binding terms sheet with a consortium that will enable EQiTX to take an 80% interest in five (5) mineral permits in Indonesia. The focus of the Company will become coal exploration and production. The funds raised pursuant to the Placement will therefore be used by the Company to undertake a detailed due diligence of these permits and for general working capital.
(g) The dates of allotment or a statement that allotment will occur progressively
The Shares will be allotted simultaneously on the same date as they are issued as set out in paragraph (b) above.
(h) A voting exclusion statement
A voting exclusion statement is included in the Notice under the heading “Voting Exclusion”.
Glossary
In the Notice of Meeting and Explanatory Memorandum, the following terms have the following meaning unless the context otherwise requires:
| ASX | Australian Securities Exchange |
|---|---|
| Board | board of Directors |
| Company | EQiTX Limited ABN 50 009 188 694 |
| Constitution | constitution of the Company |
| Corporations Act | Corporations Act 2001 (Cth) |
| Director | director of the Company |
| Explanatory Memorandum | The explanatory memorandum accompanying the |
| Notice | |
| Listing Rules | Listing Rules of the ASX |
| Notice | means this notice of general meeting including the |
| Explanatory Statement | |
| Share | fully paid ordinary share in the capital of the |
| Company | |
| Shareholder | shareholder of the Company |
| WST | Western Standard Time |
ANNEXURE A
CONDITIONS OF CONVERTIBLE NOTES
1.1 Face Value
The Convertible Notes shall have a face value equal to $0.10 each.
1.2 Unsecured
The Convertible Notes will be unsecured and the Noteholder will rank equally with all other unsecured creditors of the Company.
1.3 Acknowledgment of indebtedness
The Company acknowledges that on and from the Execution Date and at all times before 31 December 2008 (the “Redemption Date”) or the date upon which a Noteholder delivers a Conversion Notice to the Company in accordance with the terms of the Convertible Note Deed (the “Conversion Date”) (as the case may be) of the Convertible Notes, it will be indebted to the Noteholder to the extent of the Monies Payable.
1.4 Notes are unlisted
The Company does not intend to list the Convertible Note for quotation on ASX and it is not obliged to do so.
1.5 Repayment
The Company may not repay any or all of the Subscription Sum prior to the Redemption Date without the prior written consent of the Noteholder.
1.6 Voting Rights
The Convertible Notes shall not provide for any voting rights at shareholder meetings of the Company.
1.7 Transfer
The Noteholder shall not be permitted to transfer any of the Convertible Notes without the prior written consent of the Company.
2. INTEREST
2.1 Interest Rate
The Convertible Notes shall bear interest at the rate of 8% per annum on the Subscription Sum Outstanding from the Execution Date until the earlier of:
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(a) the Redemption Date;
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(b) the date the Convertible Notes are converted into Shares in their entirety in accordance with clause 3; and
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(c) the date upon which the Subscription Sum is repaid to the Noteholder in full in accordance with clause 1.5.
2.2 Calculation of Interest
Interest on each Convertible Note will accrue daily and will be calculated monthly as and from the Execution Date until the earlier of:
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(a) the Redemption Date;
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(b) the date the Convertible Notes are converted into Shares in their entirety in accordance with clause 3; and
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(c) the date upon which the Subscription Sum is repaid to the Noteholder in full in accordance with clause 1.5.
2.3 Payment of Interest
Subject to clause 2.4, the Company shall pay the Noteholder all accrued interest in respect of the Convertible Notes upon the earlier of:
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(a) the Redemption Date;
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(b) the date the Convertible Notes are converted into Shares in accordance with clause 3; and
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(c) the date upon which the Subscription Sum is repaid to the Noteholder in full in accordance with clause 1.5.
2.4 Method of Payment
Interest on the Convertible Notes shall be paid by the Company to the Noteholder in the following manner:
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(a) if the Subscription Sum is repaid in full prior to the Redemption Date in accordance with clause 1.5, then the interest, if any, on the Convertible Notes will be paid in cash to the Noteholder on the date of the repayment;
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(b) if the Subscription Sum is repaid in full on the Redemption Date, then the interest, if any, on the Convertible Notes will be paid in cash to the Noteholder on the Redemption Date as part of the Monies Payable in accordance with clause 5.1; or
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(c) if the Convertible Notes are converted into Shares in accordance with clause 3, then, the interest, if any, on the Convertible Note shall be will be paid in cash to the Noteholder on the date of conversion.
2.5 Interest shall cease
For the avoidance of doubt, interest shall cease to be payable in respect of any of the Convertible Notes:
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(a) from the Allotment Date upon conversion of the Convertible Note; or
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(b) the date of repayment of the Convertible Note,
in accordance with the Convertible Note Deed unless default is made by the Company in effecting such conversion or repayment in which case interest shall accrue until the conversion or repayment is actually effected or made by the Company.
3. CONVERSION OF CONVERTIBLE NOTES
3.1 Conversion
Subject to clauses 3.2 and 3.3, the Convertible Notes shall be convertible into Shares in whole or in part (to the extent to which it has not already been repaid by the Company pursuant to clause 1.5) at the sole election of the Noteholder at the Conversion Price at any time on or before the Redemption Date.
3.2 Condition Precedent
In the event that the Company makes a placement of Shares at less than 10 cents, the conversion of Convertible Notes into Shares is subject to and conditional upon the Company obtaining approval from its shareholders in general meeting for the issue of the Shares the subject of the relevant Convertible Note(s) in accordance with ASX Listing Rule 7.1 (if required), unless the Company has, prior to the date of the placement of Shares at less than 10 cents, obtained approval from its shareholders in general meeting to the issue of the issue of the Convertible Notes for the purpose of ASX Listing Rule 7.4.
3.3 Covenant to seek Shareholder Approval
The Company covenants to seek shareholder approval to the issue of the Convertible Notes for the purpose of ASX Listing Rule 7.4 at its next shareholder meeting.
3.4 Conversion Notice
If the Noteholder wishes to convert some or all of the Convertible Notes into Shares, the Noteholder must deliver to the Company a duly completed and
executed Conversion Notice and the Note Certificate, or such other evidence of title as to ownership of the Convertible Notes as is acceptable to the Directors.
3.5 Conversion Notice cannot be withdrawn
A Conversion Notice once issued cannot be withdrawn without the consent in writing of the Company.
3.6 Satisfaction of Company’s obligations
The conversion of the Convertible Notes into Shares (or part thereof) in accordance with clause 3.1, operates in satisfaction of the Company’s obligation to the Noteholder in respect of the Subscription Sum and accrued interest (or part thereof) on that number of the Convertible Notes so converted.
4. ALLOTMENT OF SHARES
4.1 Allotment on conversion
Subject to clause 3.2, the Company shall allot and issue the Shares to which the Noteholder is entitled upon conversion of some or all of the Convertible Notes on the Allotment Date.
4.2 Compliance with ASX Listing Rules
The Company must effect the issue to the Noteholder of the Shares to which the Noteholder is entitled upon conversion of some or all of the Convertible Notes as soon as practicable after a valid Conversion Notice is given to the Company by the Noteholder and, in any event, in a manner required or permitted by the ASX Listing Rules.
4.3 New Note Certificate
The Company shall forward free of charge to the Noteholder (or such other person as it may in writing request) a certificate or holding statement for the Shares allotted and issued on conversion of some or all of the Convertible Notes and shall also send free of charge to the Noteholder, or other person as nominated by the Noteholder, a Note Certificate in respect of any Convertible Notes remaining unconverted.
5. REDEMPTION
5.1 Payment of Monies Payable
In the event that any of the Convertible Notes are not converted into Shares on or before the Redemption Date, the Company covenants with the Noteholder that it shall pay to the Noteholder the Monies Payable on the Redemption Date.
5.2 Satisfaction of Company’s obligations
The payment by the Company to the Noteholder under clause 5.1 operates in satisfaction of the Company’s obligation to the Noteholder in respect of the Monies Payable.
6.
RECONSTRUCTION
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(a) In the event of a reconstruction of the capital of the Company prior to the Conversion Date by way of consolidation, subdivision, reduction, return, scheme of arrangement or otherwise (but other than by way of a bonus issue, rights issue or other security issue), a proportionate adjustment will be made to the number and issue price of Shares to which each Noteholder is entitled upon conversion of the Notes so that:
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(i) the value of the Convertible Notes is not adversely affected by the reconstruction;
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(ii) the Noteholder is not conferred with any additional benefits which are not also conferred on the holders of Shares (subject to the same provisions with respect to rounding of entitlements as sanctioned by the meeting of holders of Shares approving the reconstruction of capital); and
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(iii) subject to clause (b), in all other respects the terms for the conversion of the Convertible Notes shall remain unchanged.
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(b) The Convertible Note Deed from time to time must be varied to the extent necessary to comply with the ASX Listing Rules applying to a reorganisation of capital at the time of the reorganisation.
7. OFFERS TO HOLDERS OF SHARES
The Convertible Notes do not carry any rights to participate in any bonus offer or pro-rata offer of Shares or other securities by the Company.
8.
COVENANT OF NOTEHOLDER
The Noteholder covenants that, in respect of all offers of Securities made pursuant to this Agreement, it falls within one or more of the categories specified in Section 708(8) of the Corporations Act.
9. EVENTS OF DEFAULT
9.1 Events of Default
Each of the following is an Event of Default.
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(a) non-payment : the Company fails to pay within 7 Business Days of its due date any amount payable under the Convertible Note Deed;
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(b) misrepresentation : any representation, warranty or statement made or repeated in or in connection with the Convertible Note Deed is untrue or misleading (whether by omission or otherwise) when so made or repeated or becomes untrue or misleading (or, in the case of financial forecasts, unfair or unreasonable) when taken as a whole;
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(c) involuntary winding up : an application or order is made for the winding up of the Company or for the appointment of a liquidator;
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(d) voluntary winding up : the Company passes a resolution for its winding up;
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(e) Receiver : a receiver, controller (within the meaning of section 9 of the Corporations Act) or analogous person is appointed to, or the holder of a Security Interest or Permitted Security Interest takes possession of all, or any part of the assets of the Company;
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(f) insolvency : the Company:
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(i) suspends payment generally;
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(ii) becomes an externally-administered body corporate within the meaning of the Corporations Act;
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(iii) becomes subject to administration under Part 5.3A of Chapter 5 of the Corporations Act, or steps are taken which could reasonably be expected to result in the Company becoming so subject; or
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(iv) is or states that it is, or is deemed by applicable law to be, unable to pay its debts as and when they fall due;
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(g) statutory demand : a statutory demand is served on the Company under section 459E of the Corporations Act or pursuant to section 459F of the Corporations Act the Company is taken to have failed to comply with that statutory demand;
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(h) compromise or arrangement : the Company takes any step for the purpose of entering into a compromise or arrangement with any of its members or creditors except for the purpose of a reconstruction, amalgamation, merger or consolidation on terms approved by the Noteholder;
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(i) failure to comply with waiver : if any Event of Default (or occurrence which would otherwise have been or become an Event of Default) is conditionally waived by the Noteholder and the Company does not comply with those conditions or those conditions are not fulfilled
(whether by the Company or any other person) or are or become incapable of fulfilment; or
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(j) provisions void : all or any material provision of the Convertible Note Deed:
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(i) does not have effect or ceases to have effect in accordance with its terms;
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(ii) is or becomes void, voidable, illegal, invalid or unenforceable other than by reason of equitable principles or laws affecting creditors’ rights generally; or
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(iii) is claimed by the Company or any other person to be any of the matters referred to in paragraphs (i) or (ii) or the Company or any other person commences any court proceedings to establish any of the matters referred to in paragraphs (i) or (ii) to be the case.
9.2 Noteholder’s powers on default
If an Event of Default occurs, the Noteholder may then or at any time subsequently by notice to the Company:
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(a) declare all money owing under the Convertible Note Deed to be immediately due and payable, and the Company must immediately pay that money (including accrued interest and fees) and cash cover for the full amount of any money contingently owing under the Convertible Deed; and/or
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(b) cancel its obligations (if any) under the Convertible Note Deed.
PROXY FORM
APPOINTMENT OF PROXY EQITX LIMITED ACN 009 188 694
GENERAL MEETING
HIN / SRN NO:
Holder Name Address1 Address2 Address3 Address4 Address5
I/We being a member of Eqitx Limited and entitled to attend and vote at the General Meeting, hereby Appoint
Name of proxy OR
Mark this box if you wish to appoint the Chair of the General Meeting as your proxy
or failing the person so named or, if no person is named, the Chair of the General Meeting, or the Chair’s nominee, to vote in accordance with the following directions, or, if no directions have been given, as the proxy sees fit, at the General Meeting to be held at 2.00 pm (WST), on 4 October 2007 at Level 34, Exchange Plaza, 2 The Esplanade, Perth, Western Australia, and at any adjournment thereof.
If no directions are given, the Chair will vote in favour of all the Resolutions.
Voting on Business of the General Meeting
FOR AGAINST ABSTAIN
Resolution 1 – Ratification of Prior Issue of Convertible Notes Resolution 2 – Approval for issue of Shares
OR
If the Chair of the General Meeting is appointed as your proxy, or may be appointed by default, and you do not wish to direct your proxy how to vote as your proxy in respect of Resolutions 1 and 2 please place a mark in this box.
By marking this box, you acknowledge that the Chair of the General Meeting may exercise your proxy even if he has an interest in the outcome of Resolutions 1 and 2 and that votes cast by the Chair of the General Meeting for Resolutions 1 and 2 other than as proxy holder will be disregarded because of that interest. If you do not mark this box, and you have not directed your proxy how to vote, the Chair will not cast your votes on Resolutions 1 and 2 and your votes will not be counted in calculating the required majority if a poll is called on Resolutions 1 and 2.
If you mark the abstain box for a particular Resolution, you are directing your proxy not to vote on that Resolution on a show of hands or on a poll and your votes will not to be counted in computing the required majority on a poll.
If two proxies are being appointed, the proportion of voting rights this proxy represents is Signed this day of 2007
%
By:
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Individuals and joint holders Companies (affix common seal if appropriate)
Signature Director
Signature
Director/Company Secretary
Signature
Sole Director and Sole Company Secretary
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EQITX LIMITED ACN 009 188 694 Instructions for Completing ‘Appointment of Proxy’ Form
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A member entitled to attend and vote at an General Meeting is entitled to appoint not more than two proxies to attend and vote on a poll on their behalf. The appointment of a second proxy must be done on a separate copy of the Proxy Form. Where more than one proxy is appointed, such proxy must be allocated a proportion of the member’s voting rights. If a member appoints two proxies and the appointment does not specify this proportion, each proxy may exercise half the votes. A duly appointed proxy need not be a member of the Company.
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Where a member’s holding is in one name the holder must sign. Where the holding is in more than one name, all members should sign.
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Where a Proxy Form or form of appointment of corporate representative is lodged and is executed under a power of attorney, the power of attorney must be lodged in like manner as this Proxy Form.
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Corporate members should comply with the execution requirements set out on the Proxy Form or otherwise with the provisions of Section 127 of the Corporations Act. Section 127 of the Corporations Act provides that a company may execute a document without using its common seal if the document is signed by:
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2 directors of the company;
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a director and a company secretary of the company; or
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for a proprietary company that has a sole director who is also the sole company secretary – that director.
For the Company to rely on the assumptions set out in Section 129(5) and (6) of the Corporations Act, a document must appear to have been executed in accordance with Section 127(1) or (2). This effectively means that the status of the persons signing the document or witnessing the affixing of the seal must be set out and conform to the requirements of Section 127(1) or (2) as applicable. In particular, a person who witnesses the affixing of a common seal and who is the sole director and sole company secretary of the company must state that next to his or her signature.
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Completion of a Proxy Form will not prevent individual members from attending the General Meeting in person if they wish. Where a member completes and lodges a valid Proxy Form and attends the General Meeting in person, then the proxy’s authority to speak and vote for that member is suspended while the member is present at the General Meeting.
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To vote by proxy, please complete and sign the enclosed Proxy Form and return by:
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(a) post to our Share Registry: Security Transfer Registrars Pty Ltd, PO Box 535, APPLECROSS WA 6953 using the enclosed reply paid envelope OR
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(b) facsimile to our Share Registry facsimile number +61 8 9315 2233,
so that it is received not later than 2.00pm (WST) on 2 October 2007. Proxy forms received later than this time will be invalid.