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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 284.1

Need for member approval for financial benefit

  (1)   For an Aboriginal and Torres Strait Islander corporation, or an entity that the corporation controls, to give a financial benefit to a related party of the corporation:

  (a)   the corporation or entity must:

  (i)   obtain the approval of the corporation's members in the way set out in Division   290; and

  (ii)   give the benefit within 15 months after the approval; or

  (b)   the giving of the benefit must fall within an exception set out in Division   287.

Note:   Section   293 - 1 defines related party , section   700 - 1 defines entity , section   689 - 25 defines control and section   293 - 5 affects the meaning of giving a financial benefit .

  (2)   If:

  (a)   the giving of the benefit is required by a contract; and

  (b)   the making of the contract was approved in accordance with subparagraph   (1)(a)(i) as a financial benefit given to the related party; and

  (c)   the contract was made:

  (i)   within 15 months after that approval; or

  (ii)   before that approval, if the contract was conditional on the approval being obtained;

member approval for the giving of the benefit is taken to have been given and the benefit need not be given within the 15 months.



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