"Corporations Act 2001 s 203D public company director removal process"
Corporations Act 2001 (Cth) s 203D lets a public company remove a director by resolution despite contrary constitution or agreement terms, subject to notice and director response rights.
This is a human-established fact, not a universal axiom. It is true within CTH as enacted by Federal Register of Legislation.
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Answer
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Corporations Act 2001 (Cth) s 203D allows a public company to remove a director by resolution despite anything in the company constitution or agreements between the company, members and the director. If the director represents particular shareholders or debenture holders, the removal does not take effect until a replacement has been appointed. Notice of intention to move the resolution must generally be given to the company at least 2 months before the meeting, the director must receive a copy as soon as practicable, and the director may put their case to members by a written statement and by speaking to the motion at the meeting. Official source checked: Federal Register of Legislation, Corporations Act 2001 current text, s 203D. Dogfood note: Source search for s 203D did not surface a native Corporations Act s 203D row; it returned adjacent proposed Corporations topics and unrelated CCA rows.
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