sec.188ABWhen voting member ineligible to vote at executive committee meetings

sec.188AB When voting member ineligible to vote at executive committee meetings

For this section, a voting member of an executive committee is a debtor member for a meeting of the executive committee if— the member is a member of the body corporate and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or the member is the nominee of a corporation that is a member of the body corporate and at the time of the meeting, the corporation owes a relevant body corporate debt to the body corporate. A debtor member for a meeting of an executive committee must not vote at the meeting— in the member’s own right; or as a person appointed under section 185 (10) to act in another executive committee member’s place. Also, a person who is appointed under section 185 (10) to act in the place of a debtor member for a meeting of an executive committee must not exercise a vote on behalf of the debtor member at the meeting. However, nothing in this section prevents a debtor member for a meeting of an executive committee from being counted, under section 188 , for deciding whether there is a quorum for the meeting. s 188AB ins 2022 No. 28 s 43 (sec.188AB-ssec.1) For this section, a voting member of an executive committee is a debtor member for a meeting of the executive committee if— the member is a member of the body corporate and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or the member is the nominee of a corporation that is a member of the body corporate and at the time of the meeting, the corporation owes a relevant body corporate debt to the body corporate. (sec.188AB-ssec.2) A debtor member for a meeting of an executive committee must not vote at the meeting— in the member’s own right; or as a person appointed under section 185 (10) to act in another executive committee member’s place. (sec.188AB-ssec.3) Also, a person who is appointed under section 185 (10) to act in the place of a debtor member for a meeting of an executive committee must not exercise a vote on behalf of the debtor member at the meeting. (sec.188AB-ssec.4) However, nothing in this section prevents a debtor member for a meeting of an executive committee from being counted, under section 188 , for deciding whether there is a quorum for the meeting.

• (a) the member is a member of the body corporate and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or
• (b) the member is the nominee of a corporation that is a member of the body corporate and at the time of the meeting, the corporation owes a relevant body corporate debt to the body corporate.
• (a) in the member’s own right; or
• (b) as a person appointed under section 185 (10) to act in another executive committee member’s place.