14.4 Interested Forum councillors
(a)
Subject to rule 5, a Forum councillor may hold another position (except as auditor)
in the Forum or any related body corporate in addition to his or her office of Forum
councillor and may be appointed to that position on terms as to remuneration,
tenure and otherwise that the Forum councillors (or other body corporate, as
appropriate) think fit.
(b)
A Forum councillor:
(1) may be or become a director or other officer of, or otherwise interested in, any
related body corporate or other body corporate promoted by the Forum or in
which the Forum is interested as a shareholder or otherwise; and
(2) must disclose to the Forum any remuneration or other benefits he or she
receives as a director or officer of, or from having an interest in, that body
corporate.
(c)
The Forum councillors may exercise the voting rights conferred by shares in any
body corporate held or owned by the Forum in the manner in all respects that they
think fit.
(d)
A Forum councillor is not disqualified merely because he or she is a Forum
councillor from contracting with the Forum in any respect including, but not limited
to:
(1) selling property to, or purchasing property from, the Forum;
(2) lending money to the Forum with or without interest or security;
(3) guaranteeing the repayment of money borrowed by the Forum for a
commission or profit;
(4) underwriting or guaranteeing the subscription for securities in any related body
corporate or other body corporate promoted by the Forum or in which the Forum is
interested as a shareholder or otherwise, for a commission or profit; or
(5) being employed by the Forum or acting in any professional capacity (except as
auditor) on behalf of the Forum.
(e)
A contract made by a Forum councillor with the Forum and a contract or
arrangement entered into by or on behalf of the Forum in which any Forum
councillor may be in any way interested is not avoided or rendered voidable merely
because the Forum councillor holds office as a Forum councillor or because of the
fiduciary obligations arising out of that office.
(f)
A Forum councillor contracting with or being interested in any arrangement
involving the Forum must disclose that interest and is liable to account to the
Forum for any profit realised by or under that contract or arrangement unless the
Forum councillors decide otherwise.
(g)
Unless section 195 of the Act permits, a Forum councillor who has a material
personal interest in a matter that is being considered at a Forum councillors'
meeting must not:
(1) be present while the matter is being considered at the meeting; or
(2) vote on the matter.
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