63G. Recording of resolutions passed by written means

Where a resolution of the unitholders of an unlisted registered business trust is passed by written means, the trustee-manager of the unlisted registered business trust must cause a record of the resolution, and the indication of each unitholder’s agreement (or agreement on the unitholder’s behalf) to it, to be entered in a book in the same way as minutes of proceedings of a general meeting of the unitholders of the unlisted registered business trust.

Non-compliance with subsection (1) does not render the resolution invalid.

Any such record, if purporting to be signed by a director or the secretary of the trustee-manager of the unlisted registered business trust, is evidence of the proceedings in passing the resolution.

Where a record is made in accordance with this section, then, until the contrary is proved, the requirements of this Act with respect to those proceedings are deemed to have been complied with.

Section 68 applies in relation to a record made in accordance with this section as it applies in relation to minutes of proceedings of a general meeting of the unitholders of a registered business trust.