Notices received under s203D and s249D of Corporations Act
Released
Released
Announcement PDF
7 January 2025
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ASX Limited
Dear Sir/Madam,
Notices received under s203D and s249D of the Corporations Act 2001 (Cth)
Percheron Therapeutics Limited ACN 095 060 745 (Company) wishes to advise that it has received notices
under sections 203D(2) and 249D of the Corporations Act 2001 (Cth) (Corporations Act) on behalf of Dale
Anthony Reed, Gregory Norman Peters, Robert William Moses, Statemoor Pty Ltd ACN 071 839 097 <Peters
SF A/C>, Xcelerate Nominees Pty Ltd ACN 150 841 053 <Xcelerate Super Fund A/C>, David Kenley, XEC
Partners Pty Ltd ACN 606 502 649 <XEC Partners A/C>, Xcelerate Trading Pty Ltd ACN 167 205 665
<Xcelerate Trading A/C> and Statemoor Pty Ltd ACN 071 839 097 <Peters Family A/C> (together, the
Requisitioning Shareholders) who purport to collectively hold over 5% of the votes that may be cast at a
general meeting of the Company. The Requisitioning Shareholders have also provided the Company with a
members’ statement under Section 249P of the Corporations Act.
The notice under Section 203D of the Corporations Act was received by the Company on 2 January 2025 and
gives notice of the Requisitioning Shareholders’ intention to move at a general meeting of the Company,
resolutions to remove two directors of the Company (as detailed further below).
The notice under section 249D of the Corporations Act was received by the Company on 3 January 2025 and
requests the Company call and arrange to hold a general meeting of the Company (General Meeting). The
business at the General Meeting is to consider, and if thought fit, pass the following separate resolutions as
ordinary resolutions:
Resolution1 – Removal of Dr Charmaine Gittleson as a Director
“That, in accordance with section 203D of the Corporations Act 2001 (Cth), Dr Charmane Gittleson be
removed as a Director of the Company with effect from the end of the general meeting of the Company at
which this resolution is passed.”
Resolution 2 – Removal of Dr James Garner as a Director
“That, in accordance with section 203D of the Corporations Act 2001 (Cth), Dr James Garner be
removed as a Director of the Company with effect from the end of the general meeting of the
Company at which this resolution is passed.”
Resolution 3 – Removal of Directors appointed prior to closure of general meeting
“That any Director appointed by the Board of the Company pursuant to clause 55.1 of the Company’s
Constitution between 1 January 2025 and the earlier of:
ME_225494579_1
L30, Collins Place, 35 Collins Street, Melbourne, VIC 3000, Australia
E: in fo@Perch eron Tx . co m ■ T : +61 3 9827 8999
www.Per ch er o nT x. c om
(a) the date on which the Requisitioning Shareholders withdraw their intention to move this
resolution; or
(b) the conclusion of the general meeting of the Company at which this resolution is passed;
be removed in accordance with section 203D of the Corporations Act 2001 (Cth) with effect from the
close of the general meeting of the Company at which this resolution is passed. For the avoidance of
doubt, this resolution does not relate to the removal of directors who may be appointed pursuant to a
resolution of members”.
Resolution 4 – Election of Director Mr Greg Peters
“That Mr Greg Peters, having consented to act, be appointed as a director of the Company with effect
from the end of the general meeting of the Company at which this resolution is passed”.
Resolution 5 – Election of Director Mr Gennadi Koutchin
“That Mr Gennadi Koutchin, having consented to act, be appointed as a director of the Company with
effect from the end of the general meeting of the Company at which this resolution is passed”.
The directors are required to call a general meeting within 21 days after receipt of a valid request pursuant to
section 249D of the Corporations Act and the meeting is to be held no later than 2 months after the request
is given to the company.
The Company will consider the notices and will comply with its legal obligations in all respects.
Yours sincerely
Deborah Ambrosini
Company Secretary
Percheron Therapeutics Limited
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