Notice of 2015 Annual General Meeting and Proxy Form
Released
Released
Announcement PDF
15 October 2015
Dear Acrux Shareholder,
I am pleased to invite you to attend Acrux’s Annual General Meeting, for which the following
documents are enclosed:
•
Notice of the meeting, including explanatory statement and notes
•
A personalised proxy form and return envelope
If you have elected to receive the Annual Report for the year ended 30 June 2015 in printed form,
this is enclosed. A copy of the report can also be viewed on our website (www.acrux.com.au).
The Annual General Meeting will be held at the offices of Pitcher Partners, Level 19, 15
William Street, Melbourne, on Tuesday 17 November 2015, commencing at 2:00 pm.
If you are able to attend, I look forward to welcoming you and ask you please to bring the
personalised proxy form with you to assist registration and admission to the meeting.
If you are unable to attend but wish to appoint a proxy, please either lodge your vote online,
following the instructions on the proxy form, or complete the proxy form and return it to the registry
in the envelope provided.
I encourage you also to consider electing to receive Acrux communications electronically, which can
be done via the registry website (www.linkmarketservices.com.au), or by completing the enclosed
election form.
Yours sincerely,
Ross Dobinson
Executive Chairman
ACRUX LIMITED ABN 72 082 001 152
NOTICE OF ANNUAL GENERAL MEETING
NOTICE is hereby given that the Annual General Meeting of the members of Acrux Limited will be
held at the offices of Pitcher Partners, Level 19, 15 William Street, Melbourne, Victoria, Australia on
Tuesday 17 November 2015 at 2:00 pm.
AGENDA
Financial Statements and Reports
To receive and consider the financial report of the Company and the reports of the Directors and
Auditor for the year ended 30 June 2015.
Adoption of Remuneration Report
To consider and, if thought fit, to pass the following resolution as an ordinary resolution:
1.
That the Company’s remuneration report for the year ended 30 June 2015 be adopted and
approved.
Re-election of Bruce Parncutt as Director
To consider and, if thought fit, pass the following resolution as ordinary resolution:
2.
That Bruce Parncutt, who in accordance with clause 56 of the Company’s constitution offers
himself for re-election as a Director, be re-elected as a Director of the Company.
Grant of options to Employees
To consider and, if thought fit, pass the following resolution as an ordinary resolution:
3.
That approval is given for the grant of options, resolved by the Board to be granted under
the Company’s Employee Share Option Plan.
A copy of the Company’s Employee Share Option Plan is attached.
By order of the Board
Sharon Papworth
CFO & Company Secretary
15 October 2015
Page 3 of 5
EXPLANATORY STATEMENT
Receipt of Financial Statements and Reports
The Company’s financial report and the reports of the Directors and Auditor for the year ended 30
June 2015 are placed before the meeting, giving shareholders the opportunity to discuss these
documents and to ask questions. No resolution is required in respect of these documents.
Resolution 1: Adoption of Remuneration Report
The Corporations Act requires the Directors’ report to include certain information relating to
Director and executive remuneration in a “remuneration report”. The remuneration report can be
found at pages 30 to 34 of the Company’s 2015 Annual Report. The Corporations Act further
requires that each Australian listed public company put to a vote at its annual general meeting a
resolution that the remuneration report be adopted. The vote is advisory only and does not bind the
Directors of the Company. However if the resolution to adopt the remuneration report receives a
“no” vote of at least 25% of the votes cast at two consecutive AGMs, then a resolution must be put
to shareholders at the second AGM as to whether another general meeting of the Company should
be held within 90 days, at which all Directors (other than the Managing Director) who were in office
at the time the board approved the second remuneration report, would need to stand for reelection.
Resolution 2: Re-election of Bruce Parncutt as Director
Bruce Parncutt joined the Board on 30 April 2012 as an independent Non-Executive Director. Bruce
is also Chair of the Audit and Risk Committee and member of the Human Capital and Nomination
Committee. In accordance with clause 58 of the Company’s constitution, Bruce Parncutt retires by
rotation and offers himself for re-election.
Bruce Parncutt BSc, MBA has over 40 years’ experience in investment management, investment
banking and stockbroking including seven years as Chief Executive of listed securities firm Mclntosh
Securities (1990-1996) and three years as Senior Vice President of Merril Lynch (1997-1999). His
experience includes extensive involvement in financial analysis, merger and acquisition transactions,
capital raisings, and investment in companies across a broad spectrum from early stage to mature
public companies. He holds a Bachelor of Science, an MBA, and is a Member of the Financial Services
Institute of Australasia. Bruce is Chairman of the investment and corporate advisory firm Lion
Capital. He is President of The National Gallery of Victoria and a Board Member of the NGV
Foundation and the Australian Ballet Company. He was previously a Director of ASX listed Stuart
Petroleum Limited (from Aug 2010 to May 2011) and was Director of Mclntosh Securities Limited,
Australian Stock Exchange Ltd and Vision Systems Ltd for varying periods prior to 1 July 2010.
Resolution 3: Employee Share Option Plan
The Board resolved to grant options to Employees under the Employee Share Option Plan (ESOP).
The Plan provides for the issue of up to 2.4M Options (1.44% of Company shares) over 3 years,
granted in 3 tranches of up to 0.8M per annum. The share price for each tranche at grant will be
determined based on a 30 (calendar) day volume weighted average price (VWAP) up to and
including the date of grant. The exercise price will be calculated based on a 15% premium to the
face value at grant for each tranche. Options will vest 12 months post grant, providing the following
performance conditions are achieved: Firstly the eligible employee continues to be employed by the
Company. Secondly, Total Shareholder Return for the Company exceeds its peer group, measured
on the first anniversary post tranche grant date.
Page 4 of 5
NOTES
Entitlement to Vote and Proxies
Only registered holders of the Company’s shares as at 13 November 2015 at 7:00 pm are eligible to
attend and vote at the AGM.
Voting exclusions
In respect of Resolution 1, adoption of the remuneration report, the Corporations Act requires that a
member of the key management personnel (KMP) whose remuneration details are included in the
remuneration report (or a closely related party of such KMP) must not vote and the Company will
disregard any votes cast by such a person, unless:
that person does so as a proxy; and
the vote is not cast on behalf of a KMP whose remuneration details are included in the
remuneration report (or a closely related party of such KMP); and either:
o
the proxy appointment specifies how the proxy is to vote on the resolution; or
o
the proxy is the Chairman of the AGM and the proxy appointment expressly
authorises the Chairman to exercise the proxy even though Resolution 1 is
connected directly or indirectly with the remuneration of a KMP.
Page 5 of 5
Voting by Proxy
A member entitled to attend and vote at this AGM is entitled to appoint not more than two proxies,
using the enclosed proxy form. A proxy need not be a member of the Company. The proxy may be
an individual or a body corporate. Your proxy's authority to speak and vote for you at the meeting is
suspended if you are present at the meeting.
If you appoint one proxy, that proxy may vote on a show of hands. Where two proxies are
appointed, each proxy may be appointed to represent a specific proportion of your voting rights on a
poll but neither proxy has a vote on a show of hands. If you appoint two proxies and the
appointment does not specify the proportion or number of your votes each proxy may exercise,
section 249X of the Corporations Act 2001 provides that each proxy may exercise half of the votes
(ignoring fractions). If you appoint another member as your proxy, that person will have only one
vote on a show of hands and does not have to vote on a show of hands in accordance with any
direction by you.
You may direct your proxy how to vote by marking X in one of the three boxes opposite each item
of business. All your votes will be cast in accordance with your direction, unless you indicate only a
portion of votes are to be cast on any item by inserting the percentage of your voting rights
applicable to the proxy appointed by the proxy form in the appropriate box. If you do not mark any
of the boxes relating to the items of business, your proxy may vote as he or she chooses. If you mark
more than one box relating to the same item of business any vote by your proxy on that item will be
invalid.
The enclosed proxy form provides further details on appointing proxies and lodging proxy forms.
Proxies and the original or a certified copy of the power of attorney (if the proxy form is signed by an
attorney) must be received not later than 2:00 pm on 15 November 2015:
by lodging it on-line at the registry’s website (www.linkmarketservices.com.au) in
accordance with the instructions given there (you will be taken to have signed your
proxy form if you lodge it in accordance with the instructions given on the website); or
by post in the reply paid envelope provided addressed to Link Market Services Limited; or
by facsimile to Link Market Services Limited on fax number (02) 9287 0309. Documents
received after that time will not be valid for the scheduled meeting.
Bodies Corporate
A body corporate may appoint an individual as its representative to exercise any of the powers the
body may exercise at meetings of the Company's shareholders. The appointment may be a standing
one. Unless the appointment states otherwise, the representative may exercise all of the powers
that the appointing body could exercise at a meeting or in voting on a resolution. The representative
should bring to the meeting evidence of his or her appointment, including any authority under which
the appointment is signed, unless it has previously been given to the Company.
LODGE YOUR VOTE
ACRUX LIMITED
ONLINE
www.linkmarketservices.com.au
ABN 72 082 001 152
BY MAIL
Acrux Limited
C/- Link Market Services Limited
Locked Bag A14
Sydney South NSW 1235 Australia
FAX
BY
+61 2 9287 0309
HAND
BY
Link Market Services Limited
1A Homebush Bay Drive, Rhodes NSW 2138; or
Level 12, 680 George Street, Sydney NSW 2000
ENQUIRIES TO
ALL
Telephone: +61 1300 554 474
PROXY FORM
I/We being a member(s) of Acrux Limited and entitled to attend and vote hereby appoint:
APPOINT A PROXY
OR if you are NOT appointing the Chairman of the Meeting
as your proxy, please write the name of the person or
body corporate you are appointing as your proxy
or failing the person or body corporate named, or if no person or body corporate is named, the Chairman of the Meeting, as my/our proxy to
act on my/our behalf (including to vote in accordance with the following directions or, if no directions have been given and to the extent
permitted by the law, as the proxy sees fit) at the Annual General Meeting of the Company to be held at 2:00pm on Tuesday, 17 November
2015 at Pitcher Partners, Level 19, 15 William Street, Melbourne VIC (the Meeting) and at any postponement or adjournment of the
Meeting.
Important for Resolution 1: If the Chairman of the Meeting is your proxy, either by appointment or by default, and you have not indicated
your voting intention below, you expressly authorise the Chairman of the Meeting to exercise the proxy in respect of Resolution 1, even though
the Resolution is connected directly or indirectly with the remuneration of a member of the Company’s Key Management Personnel (KMP).
The Chairman of the Meeting intends to vote undirected proxies in favour of each item of business.
STEP 1
the Chairman of the
Meeting (mark box)
VOTING DIRECTIONS
Proxies will only be valid and accepted by the Company if they are signed and received no later than 48 hours before the Meeting.
Please read the voting instructions overleaf before marking any boxes with an T
Resolutions
For Against Abstain*
STEP 2
1 Adoption of the Remuneration Report
2 Re-election of Bruce Parncutt as a
Director
3 Grant of Options to Employees
STEP 3
SIGNATURE OF SHAREHOLDERS – THIS MUST BE COMPLETED
Shareholder 1 (Individual)
Joint Shareholder 2 (Individual)
Joint Shareholder 3 (Individual)
Sole Director and Sole Company Secretary
Director/Company Secretary (Delete one)
Director
This form should be signed by the shareholder. If a joint holding, either shareholder may sign. If signed by the shareholder’s attorney, the
power of attorney must have been previously noted by the registry or a certified copy attached to this form. If executed by a company, the
form must be executed in accordance with the company’s constitution and the Corporations Act 2001 (Cth).
ACR PRX502C
*ACR PRX502*
If you mark the Abstain box for a particular Item, you are directing your proxy not to vote on your behalf on a show of hands or on a poll and your
* votes
will not be counted in computing the required majority on a poll.
HOW TO COMPLETE THIS SHAREHOLDER PROXY FORM
YOUR NAME AND ADDRESS
This is your name and address as it appears on the Company’s share
register. If this information is incorrect, please make the correction on
the form. Shareholders sponsored by a broker should advise their broker
of any changes. Please note: you cannot change ownership of your
shares using this form.
APPOINTMENT OF PROXY
If you wish to appoint the Chairman of the Meeting as your proxy, mark
the box in Step 1. If you wish to appoint someone other than the Chairman
of the Meeting as your proxy, please write the name of that individual or
body corporate in Step 1. A proxy need not be a shareholder of the
Company.
LODGEMENT OF A PROXY FORM
This Proxy Form (and any Power of Attorney under which it is signed)
must be received at an address given below by 2:00pm on Sunday,
15 November 2015, being not later than 48 hours before the
commencement of the Meeting. Any Proxy Form received after that
time will not be valid for the scheduled Meeting.
Proxy Forms may be lodged using the reply paid envelope or:
DEFAULT TO CHAIRMAN OF THE MEETING
Any directed proxies that are not voted on a poll at the Meeting will default
to the Chairman of the Meeting, who is required to vote those proxies as
directed. Any undirected proxies that default to the Chairman of the
Meeting will be voted according to the instructions set out in this Proxy
Form, including where the Resolution is connected directly or indirectly
with the remuneration of KMP.
BY MAIL
Acrux Limited
C/- Link Market Services Limited
Locked Bag A14
Sydney South NSW 1235
Australia
VOTES ON ITEMS OF BUSINESS – PROXY APPOINTMENT
You may direct your proxy how to vote by placing a mark in one of the
boxes opposite each item of business. All your shares will be voted in
accordance with such a direction unless you indicate only a portion of
voting rights are to be voted on any item by inserting the percentage or
number of shares you wish to vote in the appropriate box or boxes. If you
do not mark any of the boxes on the items of business, your proxy may
vote as he or she chooses. If you mark more than one box on an item your
vote on that item will be invalid.
APPOINTMENT OF A SECOND PROXY
You are entitled to appoint up to two persons as proxies to attend the
Meeting and vote on a poll. If you wish to appoint a second proxy, an
additional Proxy Form may be obtained by telephoning the Company’s
share registry or you may copy this form and return them both together.
To appoint a second proxy you must:
(a) on each of the first Proxy Form and the second Proxy Form state the
percentage of your voting rights or number of shares applicable to that
form. If the appointments do not specify the percentage or number of
votes that each proxy may exercise, each proxy may exercise half your
votes. Fractions of votes will be disregarded; and
(b) return both forms together.
ONLINE
www.linkmarketservices.com.au
Login to the Link website using the holding details as shown
on the Proxy Form. Select ‘Voting’ and follow the prompts to
lodge your vote. To use the online lodgement facility,
shareholders will need their “Holder Identifier” (Securityholder
Reference Number (SRN) or Holder Identification Number (HIN)
as shown on the front of the Proxy Form).
BY FAX
+61 2 9287 0309
BY HAND
delivering it to Link Market Services Limited*
1A Homebush Bay Drive
Rhodes NSW 2138
or
Level 12
680 George Street
Sydney NSW 2000
* During business hours (Monday to Friday, 9:00am–5:00pm)
SIGNING INSTRUCTIONS
You must sign this form as follows in the spaces provided:
Individual: where the holding is in one name, the holder must sign.
Joint Holding: where the holding is in more than one name, either
shareholder may sign.
Power of Attorney: to sign under Power of Attorney, you must lodge the
Power of Attorney with the registry. If you have not previously lodged this
document for notation, please attach a certified photocopy of the Power
of Attorney to this form when you return it.
Companies: where the company has a Sole Director who is also the Sole
Company Secretary, this form must be signed by that person. If the
company (pursuant to section 204A of the Corporations Act 2001) does
not have a Company Secretary, a Sole Director can also sign alone.
Otherwise this form must be signed by a Director jointly with either another
Director or a Company Secretary. Please indicate the office held by signing
in the appropriate place.
CORPORATE REPRESENTATIVES
If a representative of the corporation is to attend the Meeting the
appropriate “Certificate of Appointment of Corporate Representative”
should be produced prior to admission in accordance with the Notice of
Meeting. A form of the certificate may be obtained from the Company’s
share registry or online at www.linkmarketservices.com.au.
IF YOU WOULD LIKE TO ATTEND AND VOTE AT THE ANNUAL GENERAL MEETING, PLEASE BRING THIS FORM WITH YOU.
THIS WILL ASSIST IN REGISTERING YOUR ATTENDANCE.
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