Navigating AGM Season

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Both the Corporations Act and the Co-operatives National Law require clubs to hold an AGM within five months of the end of their finance year reporting period. However, clubs should check their constitution to see if it specifies a different time to hold their AGM than what is required under law.

Key Points

Many clubs are in the end of financial year reporting and AGM season.
Clubs must comply with their legislative requirements under the Corporations Act 2001 or Co-operatives National Law.

It is also important for clubs to engage with their solicitor throughout the AGM process, particularly when they propose ordinary and special resolutions at the AGM.

We’ve set out below some of the key matters clubs should consider to ensure the AGM season can run as smoothly as possible:

Ensure you are aware of the requirements set out in the club’s constitution and relevant legislation for the running of the AGM, including what must be covered.
Ensure the contents of the AGM notice meets the requirements under legislation and is presented in a clear, concise and effective manner, ie: not misleading or confusing.
Give the AGM notice to all members and directors in an appropriate manner (i.e. electronically or via post) and provide at least 21 days’ notice (make sure you check your club constitution for other requirements and whether it specifies a different time period).
If an election is required for the board of directors’ positions, do this in line with the club’s constitution.
Ensure someone is taking AGM minutes to record discussions, decisions and resolutions to ensure an accurate record of the meeting.

If you would like further information, please contact our ClubASSIST team for general guidance.