sec.43First annual general meeting—scheme established by amalgamation [ SM, s 95 ]

sec.43 First annual general meeting—scheme established by amalgamation [ SM, s 95 ]

This section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act . The first annual general meeting of the body corporate for the new scheme must be called, under this section, by— if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly. The meeting must be called and held within 3 months after the amalgamation takes effect. The agenda for the meeting must include the items mentioned in section 42 (3) . If a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time. In this section— former secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme. (sec.43-ssec.1) This section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act . (sec.43-ssec.2) The first annual general meeting of the body corporate for the new scheme must be called, under this section, by— if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly. (sec.43-ssec.3) The meeting must be called and held within 3 months after the amalgamation takes effect. (sec.43-ssec.4) The agenda for the meeting must include the items mentioned in section 42 (3) . (sec.43-ssec.5) If a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time. (sec.43-ssec.6) In this section— former secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme.

• (a) if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or
• (b) if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.