{"id":51332,"date":"2021-06-02T14:26:47","date_gmt":"2021-06-02T04:26:47","guid":{"rendered":"https:\/\/www.marketforces.org.au\/?page_id=51332"},"modified":"2025-08-07T11:10:53","modified_gmt":"2025-08-07T01:10:53","slug":"market-forces-agency-agreement","status":"publish","type":"page","link":"https:\/\/www.marketforces.org.au\/market-forces-agency-agreement\/","title":{"rendered":"Market Forces Agency Agreement"},"content":{"rendered":"

[et_pb_section fb_built=”1″ _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_row _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.27.4″ _module_preset=”default” custom_css_free_form=”selector li {margin-bottom: 1em}||selector ol {margin-left: 20px;list-style-position: unset;}” global_colors_info=”{}”]<\/p>\n

Market Forces Agency Agreement<\/h3>\n

Terms of Agreement<\/strong><\/p>\n

<\/strong><\/p>\n

    \n
  1. The Member authorises each Agent to sign and lodge on behalf of the Member, as the Member’s agent, notices for the purpose of:\n
      \n
    1. proposing resolutions under s249N, s252L, s1228A and\/or s1228B of the Corporations Act, as appropriate (Resolutions<\/strong>);<\/li>\n
    2. members’ statements under s249P, 252N, s 1228A and\/or s1228B of the Corporations Act, as appropriate (Statements<\/strong>); and
      other matters that may be properly considered at Meetings to be held during the Term.<\/li>\n<\/ol>\n<\/li>\n
    3. Furthermore, the Member authorises the Agent to put forward, amend, withdraw or otherwise vary Resolutions and Statements in accordance with the Agent’s judgement and the goal of achieving the best outcome in the Member’s interests. The Agent may negotiate with the ASX Entities about the Resolutions and Statements. The Agent may elect not to give notice of the Resolutions and not to request the ASX Entities give all its members a Statement.<\/li>\n
    4. The Member, in respect of the relevant Resolutions and Statements:\n
        \n
      1. Understands the Resolutions and Statements available to date;<\/li>\n
      2. Believes the Resolutions and Statements to be in the Member\u2019s interests;<\/li>\n
      3. Proposes to move the Resolutions at a Meeting and authorises the Agent to do so on behalf of the Member;<\/li>\n
      4. Wishes to give the ASX Entities notice of the Resolutions and authorises the Agent to do so;<\/li>\n
      5. Requests the ASX Entities to give all the ASX Entities\u2019 members a Statement provided by the Member about Resolutions or any other matter that may be properly considered at a Meeting, and authorises the Agent to make that request on the Member\u2019s behalf; and<\/li>\n
      6. Authorises the Agent to do any other act deemed necessary by the Agent to satisfy the requirements of the Corporations Act with respect to the Resolutions and Statements.<\/li>\n<\/ol>\n<\/li>\n
      7. The Resolutions and Statements, as updated from time to time, are or will be made available at the Market Forces website (www.marketforces.org.au\/shareholder-resolutions\/). Such materials are published solely for the benefit of Members, and will in no way affect the scope of the Member’s authorisation of the Agent under clauses 1 and 2. In particular, the Member’s authorisation of the Agent under clauses 1 and 2 is not conditional upon the publication of any materials on the Agent’s website.<\/li>\n
      8. This Agreement is valid from the time it is accepted online or otherwise in writing (signing date<\/strong>) and continues for the Term. Subject to the definition of \u201cASX Entities” in clause 14, this Agreement, once valid, supersedes any prior agency agreement between the Member and each Agent.<\/li>\n
      9. The Member will notify the Agent in writing as soon as practicable if the Member ceases to hold at least one ordinary share or security in any of the ASX Entities, or otherwise ceases to be eligible to vote at a relevant Meeting, during the Term.<\/li>\n
      10. The Agent or the Member can terminate this agreement at any time in writing. However in the event of termination this Agreement will remain valid for any authorised actions relating to the Resolutions and Statements prior to termination.<\/li>\n
      11. By entering into this Agreement the Member understands that the Agent is acting in their role with Market Forces. An Agent’s appointment under this Agreement ceases when the Agent ceases their role with Market Forces. The Member benefits from the Agent’s expertise in seeking to improve the ASX Entities in the Member’s interests. In exchange the Agent via this Agreement supports Market Forces’ objectives to improve the ASX Entities.<\/li>\n
      12. The Member acknowledges that the Agent:\n
          \n
        1. May provide information about the Member provided in this Agreement to the relevant ASX Entities, including this Agreement itself, upon lodging any resolution or supporting statement on behalf of the Member; and<\/li>\n
        2. May seek additional information from the Member (or signing party) to verify the Member’s shareholdings or securityholdings in the relevant ASX Entities, if reasonably required to do so by the ASX Entities or share\/security registry.<\/li>\n<\/ol>\n<\/li>\n
        3. The Agent may from time to time amend or update this Agreement by written notice to you. Such amendment or update will take effect five days from the provision of written notice, unless you elect to terminate this Agreement by written notice prior to that date. Amendments and updates to this Agreement will be made available at the Market Forces website (www.marketforces.org.au\/shareholder-resolutions\/<\/a>).<\/li>\n
        4. The Member and Agent expect the ASX Entities or share\/ securities registry to rely on this Agreement and any relevant electronic communications as conclusive evidence that:\n
            \n
          1. This Agreement has come into effect;<\/li>\n
          2. This Agreement has not been revoked; and<\/li>\n
          3. The right or power being exercised or being purported to be exercised is properly exercised and authorised.<\/li>\n<\/ol>\n<\/li>\n
          4. By accepting this Agreement, you confirm and agree:\n
              \n
            1. You are the member of the ASX Entities within the meaning of the Corporations Act and are entitled to vote at their Meetings (Member<\/strong>), or you are otherwise duly authorised to act on behalf of such a Member;<\/li>\n
            2. You agree to propose the Resolutions and Statements in respect of the ASX Entities;<\/li>\n
            3. You are entering into a legally binding agency agreement;<\/li>\n
            4. You have read, understood and accepted the terms of this Agreement by this electronic method and agree to receiving electronic correspondence from Market Forces and\/or the Agents;<\/li>\n
            5. This electronic acceptance has the same effect as if you had signed a hard copy version of the agency Agreement; and<\/li>\n
            6. You expressly consent to this method of acceptance in accordance with relevant legislation, including the Electronic Transactions (Victoria) Act 2000 or other state electronic transactions acts.<\/li>\n<\/ol>\n<\/li>\n
            7. In this Agreement the singular includes the plural and vice versa.<\/li>\n
            8. Definitions

              Agent<\/strong> means any and all of Market Forces Limited (ACN 646 202 011) and its employees.\n


              ASX<\/strong> entities<\/strong> means the ASX entity or entities selected by you when electronically accepting the terms of prior agency agreements with Market Forces, or when accepting this Agreement, or any other entities you notify Market Forces of after accepting the terms of this Agreement.<\/p>\n

              Corporations Act<\/strong> means the Corporations Act 2001 (Cth).<\/span><\/p>\n

              Market Forces<\/strong> means Market Forces Limited (ACN 646 202 011).<\/p>\n

              Meeting<\/strong> means any one or more of the following:<\/p>\n

                \n
              1. A meeting of the members of companies, in accordance with Part 2G.2 of the Corporations Act;<\/li>\n
              2. A meeting of the members of a registered scheme, in accordance with Part 2G.4 of the Corporations Act; or<\/li>\n
              3. A meeting of CCIVs or sub-funds, in accordance with Div 5, Subdiv B of Part 8B.3 of the Corporations Act.<\/li>\n<\/ol>\n

                Term<\/strong> means the period from the signing date to 30 June 2027.<\/p>\n<\/li>\n<\/ol>\n

                [\/et_pb_text][et_pb_text disabled_on=”on|on|on” _builder_version=”4.27.4″ _module_preset=”default” custom_css_free_form=”selector li {margin-bottom: 1em}” disabled=”on” global_colors_info=”{}”]<\/p>\n

                Market Forces Agency Agreement<\/h3>\n

                Terms of Agreement<\/strong><\/p>\n

                <\/strong><\/p>\n

                  \n
                1. The Member authorises each Agent to sign and lodge on behalf of the Member, as the Member\u2019s agent, notice of resolutions and statements about resolutions or other matters that may be properly considered at Annual General Meetings to be held during the Term (AGMs<\/strong>) for the Companies, in accordance with sections 249N and 249P of the Corporations Act.<\/li>\n
                2. Furthermore, the Member authorises the Agent to put forward, amend, withdraw or otherwise vary resolutions and statements in accordance with the Agent\u2019s judgement and the goal of achieving the best outcome in the Member\u2019s interests. The Agent may negotiate with the Company about the resolutions and statements. The Agent may elect not to give notice of the resolutions and not to request the Company give all its members a statement.<\/li>\n
                3. The Member, in respect of the relevant resolutions and statements:\n
                    \n
                  1. Understands the resolutions and statements available to date;<\/li>\n
                  2. Believes the resolutions and statements to be in the Member\u2019s interests;<\/li>\n
                  3. Proposes to move the resolutions at a general meeting and authorises the Agent to do so on behalf of the Member;<\/li>\n
                  4. Wishes to give the Company notice of the resolutions and authorises the Agent to do so;<\/li>\n
                  5. Requests the Company to give all the Company\u2019s members a statement provided by the Member about resolutions or any other matter that may be properly considered at an AGM, and authorises the Agent to make that request on the Member\u2019s behalf; and<\/li>\n
                  6. Authorises the Agent to do any other act deemed necessary by the Agent to satisfy the requirements of sections 249N and 249P of the Corporations Act with respect to the resolutions and statements.<\/li>\n<\/ol>\n<\/li>\n
                  7. The resolutions and statements, as updated from time to time, are or will be made available at the Market Forces website (www.marketforces.org.au\/shareholder-resolutions\/). Such materials are published solely for the benefit of Members, and will in no way affect the scope of the Member\u2019s authorisation of the Agent under clauses 1 and 2. In particular, the Member\u2019s authorisation of the Agent under clauses 1 and 2 is not conditional upon the publication of any materials on the Agent\u2019s website.<\/li>\n
                  8. This Agreement is valid from the time it is accepted online or otherwise in writing (signing date<\/strong>) and continues for the Term. Subject to the definition of \u201cCompanies\u201d in clause 14, this Agreement, once valid, supersedes any prior agency agreement between the Member and each Agent.<\/li>\n
                  9. The Member will notify the Agent in writing as soon as practicable if the Member ceases to hold at least one ordinary share in any of the Companies, or otherwise ceases to be eligible to vote at a relevant AGM, during the Term.<\/li>\n
                  10. The Agent or the Member can terminate this agreement at any time in writing. However in the event of termination this Agreement will remain valid for any authorised actions relating to the resolutions and statements prior to termination.<\/li>\n
                  11. By entering into this Agreement the Member understands that the Agent is acting in their role with Market Forces. An Agent\u2019s appointment under this Agreement ceases when the Agent ceases their role with Market Forces. The Member benefits from the Agent\u2019s expertise in seeking to improve the Company in the Member\u2019s interests. In exchange the Agent via this Agreement supports Market Forces\u2019 objectives to improve the Company.<\/li>\n
                  12. The Member acknowledges that the Agent:\n
                      \n
                    1. May provide information about the Member provided in this Agreement to the relevant Company, including this Agreement itself, upon lodging any resolution or supporting statement on behalf of the Member; and<\/li>\n
                    2. May seek additional information from the Member (or signing party) to verify the Member\u2019s shareholdings in the relevant Company, if reasonably required to do so by the Company or share registry.<\/li>\n<\/ol>\n<\/li>\n
                    3. The Agent may from time to time amend or update this Agreement by written notice to you. Such amendment or update will take effect five days from the provision of written notice, unless you elect to terminate this Agreement by written notice prior to that date. Amendments and updates to this Agreement will be made available at the Market Forces website (www.marketforces.org.au\/shareholder-resolutions\/<\/a>).<\/li>\n
                    4. The Member and Agent expect the Company or share registry to rely on this Agreement and any relevant electronic communications as conclusive evidence that:\n
                        \n
                      1. This Agreement has come into effect;<\/li>\n
                      2. This Agreement has not been revoked; and<\/li>\n
                      3. The right or power being exercised or being purported to be exercised is properly exercised and authorised.<\/li>\n<\/ol>\n<\/li>\n
                      4. By accepting this Agreement, you confirm and agree:\n
                          \n
                        1. You are the member of the Companies within the meaning of the Corporations Act and are entitled to vote at their AGMs (Member<\/strong>), or you are otherwise duly authorised to act on behalf of such a Member;<\/li>\n
                        2. You agree to propose the resolutions and statements in respect of the Companies;<\/li>\n
                        3. You are entering into a legally binding agency agreement;<\/li>\n
                        4. You have read, understood and accepted the terms of this Agreement by this electronic method and agree to receiving electronic correspondence from Market Forces and\/or the Agents;<\/li>\n
                        5. This electronic acceptance has the same effect as if you had signed a hard copy version of the agency Agreement; and<\/li>\n
                        6. You expressly consent to this method of acceptance in accordance with relevant legislation, including the Electronic Transactions (Victoria) Act 2000 or other state electronic transactions acts.<\/li>\n<\/ol>\n<\/li>\n
                        7. In this Agreement the singular includes the plural and vice versa.<\/li>\n
                        8. Definitions
                          Agent<\/b> means any and all of Market Forces and its employees.
                          Companies<\/b> means the companies selected by you when electronically accepting the terms of prior agency agreements with Market Forces, or when accepting this Agreement, or any other companies you notify Market Forces of after accepting the terms of this Agreement.
                          Corporations<\/b> Act means the Corporations Act 2001 (Cth)
                          Market Forces<\/b> means Market Forces Limited.
                          Term<\/b> means the period from the signing date to 30 June 2027.<\/li>\n<\/ol>\n

                          [\/et_pb_text][et_pb_text disabled_on=”on|on|on” _builder_version=”4.27.4″ _module_preset=”default” disabled=”on” global_colors_info=”{}”]<\/p>\n

                          Market Forces Agency Agreement<\/h3>\n

                          Terms of Agreement<\/strong><\/p>\n

                          1. The Member authorises each Agent to sign and lodge on behalf of the Member, as the Member\u2019s agent, notice of resolutions and statements about resolutions or other matters that may be properly considered at Annual General Meetings to be held during the Term (AGMs<\/strong>) for the Companies, in accordance with sections 249N and 249P of the Corporations Act.<\/p>\n

                          2. The resolutions and statements, as updated from time to time, are or will be made available at the Market Forces website (www.marketforces.org.au\/shareholder-resolutions\/).<\/p>\n

                          3. The Member, in respect of the relevant resolutions and statements:<\/p>\n

                          a. Understands the resolutions and statements available to date;<\/p>\n

                          b. Believes the resolutions and statements to be in the Member\u2019s best interests;<\/p>\n

                          c. Proposes to move the resolutions at a general meeting and authorises the Agent to do so on behalf of the Member;<\/p>\n

                          d. Wishes to give the Company notice of the resolutions and authorises the Agent to do so;<\/p>\n

                          e. Requests the Company to give all the Company\u2019s members a statement provided by the Member about resolutions or any other matter that may be properly considered at an AGM, and authorises the Agent to make that request on the Member\u2019s behalf; and<\/p>\n

                          f. Authorises the Agent to do any other act deemed necessary by the Agent to satisfy the requirements of sections 249N and 249P of the Corporations Act with respect to the resolutions and statements.<\/p>\n

                          4. The Member authorises the Agent to put forward, amend, withdraw or otherwise vary resolutions and statements in accordance with the Agent\u2019s judgement and the goal of achieving the best outcome in the Member\u2019s best interest. The Agent may negotiate with the Company about the resolutions and statements. The Agent may elect not to give notice of the resolutions and not to request the Company give all its members a statement.<\/p>\n

                          5. This Agreement is valid from the time it is accepted online or otherwise in writing (signing date<\/strong>) and continues for the Term. This Agreement, once valid, supersedes any prior agency agreement between the Member and each Agent.<\/p>\n

                          6. The Member will notify the Agent in writing as soon as practicable if the Member ceases to hold at least one ordinary share in any of the Companies, or otherwise ceases to be eligible to vote at a relevant AGM, during the Term.<\/p>\n

                          7. The Agent or the Member can terminate this agreement at any time in writing. However in the event of termination this Agreement will remain valid for any authorised actions relating to the resolutions and statements prior to termination.<\/p>\n

                          8. By entering into this Agreement the Member understands that the Agent is acting in their role with Market Forces. An Agent\u2019s appointment under this Agreement ceases when the Agent ceases their role with Market Forces. The Member benefits from the Agent\u2019s expertise in seeking to improve the Company in the Member\u2019s best interests. In exchange the Agent via this Agreement supports Market Forces\u2019 objectives to improve the Company.<\/p>\n

                          9. The Member acknowledges that the Agent:<\/p>\n

                          a. May provide information about the Member provided in this Agreement to the relevant Company, including this Agreement itself, upon lodging any resolution or supporting statement on behalf of the Member; and<\/p>\n

                          b. May seek additional information from the Member (or signing party) to verify the Member\u2019s shareholdings in the relevant Company, if reasonably required to do so by the Company or share registry.<\/p>\n

                          10. The Agent may from time to time amend or update this Agreement by written notice to you. Such amendment or update will take effect five days from the provision of written notice, unless you elect to terminate this Agreement by written notice prior to that date. Amendments and updates to this Agreement will be made available at the Market Forces website (www.marketforces.org.au\/shareholder-resolutions\/).<\/p>\n

                          11. The Member and Agent expect the Company or share registry to rely on this Agreement and any relevant electronic communications as conclusive evidence that:<\/p>\n

                          a. This Agreement has come into effect;<\/p>\n

                          b. This Agreement has not been revoked; and<\/p>\n

                          c. The right or power being exercised or being purported to be exercised is properly exercised and authorised.<\/p>\n

                          12. By accepting this Agreement, you confirm and agree:<\/p>\n

                          a. You are the member of the Companies within the meaning of the Corporations Act and are entitled to vote at their AGMs (Member<\/strong>), or you are otherwise duly authorised to act on behalf of such a Member;<\/p>\n

                          b. You agree to propose the resolutions and statements in respect of the Companies;<\/p>\n

                          c. You are entering into a legally binding agency agreement;<\/p>\n

                          d. You have read, understood and accepted the terms of this Agreement by this electronic method and agree to receiving electronic correspondence from Market Forces and\/or the Agents;<\/p>\n

                          e. This electronic acceptance has the same effect as if you had signed a hard copy version of the agency Agreement; and<\/p>\n

                          f. You expressly consent to this method of acceptance in accordance with relevant legislation, including the Electronic Transactions (Victoria) Act 2000 or other state electronic transactions acts.<\/p>\n

                          13. In this Agreement the singular includes the plural and vice versa.<\/p>\n

                          14. Definitions<\/p>\n

                          Agent<\/strong> means any or all of the following individuals:
                          a. Mr William van de Pol of Suite 2, Level 9, 94 Elizabeth Street, Melbourne, Victoria, 3000;
                          b. Ms Rachel Deans of Suite 2, Level 9, 94 Elizabeth Street, Melbourne, Victoria, 3000;
                          c. Mr Brett Morgan of Suite 2, Level 9, 94 Elizabeth Street, Melbourne, Victoria, 3000; and
                          d. Mr Vishad Sharma of Suite 2, Level 9, 94 Elizabeth Street, Melbourne, Victoria, 3000.<\/p>\n

                          Companies<\/strong> means the companies selected by you when electronically accepting the terms of this Agreement.<\/p>\n

                          Corporations Act<\/strong> means the Corporations Act 2001<\/em> (Cth).<\/p>\n

                          Term<\/strong> means the period from the signing date to 30 June 2027.<\/p>\n

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                          Market Forces Agency Agreement Terms of Agreement The Member authorises each Agent to sign and lodge on behalf of the Member, as the Member’s agent, notices for the purpose of: proposing resolutions under s249N, s252L, s1228A and\/or s1228B of the Corporations Act, as appropriate (Resolutions); members’ statements under s249P, 252N, s 1228A and\/or s1228B of […]<\/p>\n","protected":false},"author":16,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"class_list":["post-51332","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nMarket Forces Agency Agreement - Market Forces<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.marketforces.org.au\/market-forces-agency-agreement\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Market Forces Agency Agreement - Market Forces\" \/>\n<meta property=\"og:description\" content=\"Market Forces Agency Agreement Terms of Agreement The Member authorises each Agent to sign and lodge on behalf of the Member, as the Member's agent, notices for the purpose of: proposing resolutions under s249N, s252L, s1228A and\/or s1228B of the Corporations Act, as appropriate (Resolutions); 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