39Voting rights attaching to options and shares and rights of holders thereof to attend and vote at general meetings of a loan fund company

39 Voting rights attaching to options and shares and rights of holders thereof to attend and vote at general meetings of a loan fund company

39 Voting rights attaching to options and shares and rights of holders thereof to attend and vote at general meetings of a loan fund company

(1) In respect of:

(a) an option to acquire loan entitlement shares in a loan fund company,

(b) qualifying shares in a loan fund company,

(c) loan entitlement shares in a loan fund company, and

(d) shares in a loan fund company of a class or description other than those referred to in paragraphs (b) and (c),

there shall, notwithstanding any provision of the Companies (New South Wales) Code to the contrary, be attached a right to exercise, subject to subsection (2), such number of votes at general meetings of the company as equals the number of whole dollars paid up, or credited as paid up, in respect of the option, qualifying shares, loan entitlement shares or other shares, including any money paid, or credited as paid, as a premium in respect thereof but excluding any money paid as a fee or penalty in respect thereof.

(2) Every holder of:

(a) an option to acquire loan entitlement shares in a loan fund company,

(b) qualifying shares in a loan fund company,

(c) loan entitlement shares in a loan fund company, or

(d) other shares in a loan fund company,

to which a voting right is attached by virtue of subsection (1) shall, notwithstanding any provision of the Companies (New South Wales) Code to the contrary, be entitled:

(e) to be given, subject to the provisions of the Companies (New South Wales) Code relating to special resolutions and agreements for shorter notice, notice of the place at which, the date on which and the time at which any general meeting of the company is to be held at least 14 days before the date of the meeting, and if any special business is to be conducted at the meeting, particulars of the nature of the business,

(f) to attend any general meeting of the company,