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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My company wishes to change the Company nominee NSW Owners

Customer Question

My company wishes to change the Company nominee for a NSW Owners corporation. We have had a meeting of directors to approve the change. The AGM is on Sunday. It is a self managed scheme.
Can we give a letter to the secretary before the meeting commences. Is there any provision in the SSM Act which would prevent a director attending an AGM, with the company nominee.
thank you ***@******.***
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.What do you mean the company nominees?Do you mean the committee members?
Customer: replied 1 year ago.
no a company nominee is the person a Company nominates on the strata roll to represent it at meetings of an Owners corporation.
I am not aware there is a time for notice before a meeting. Once a letter from the owner is given to the secretary of an Owners Corporation it is then entered on the strata roll and the company nominee is accepted as the authorised representative of the owner of the lot in the strata plan of the Owners corporation.
Expert:  Leon replied 1 year ago.
Good Afternoon, At the time you are notified of the meeting there are proxies sent. In that proxy you can nominate a new person to represent the company at the meeting. This person has to have the proxy form signed by the directors of the company. So if you wish to change the person to represent the company each meeting you can do it with the proxy. If you want to permanently change it you have to notify the Strata manager each time by sending them a section 118 Notice. But on the Strata Roll it should simply be the company and its registered address. A proxy is enough for the representation at the meetings.