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Corporations Act 2001
201NApplication of Subdivision
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#### 201N Application of Subdivision
(1) This Subdivision applies in relation to a public company if its constitution allows its directors to set a limit (a board limit) whose effect is to restrict the number of directors of the company to a number less than the maximum number of directors specified in the constitution.
> Note: This Subdivision applies however the constitution or board limit is expressed.
(2) If a company’s constitution provides that the maximum number of directors is either a specified number or another number determined by the directors:
(a) any number determined by the directors that is lower than the specified number is a board limit; and
(b) any lowering by the directors of that lower number is also a board limit.
(3) Subsection (2) does not limit, and is not limited by, subsection (1).