Due to COVID-19 and the restrictions now in place on public gatherings, clubs and associations currently cannot host an AGM in a face to face setting as most usually would. The following information is guidance for clubs on how to manage and host your 2020 Annual General Meeting.

The starting point is to review your clubs constitution to ascertain what constraints or flexibility may already be in place. Be aware that you are not permitted to amend your constitution unless done via a Special General Meeting, which can only be done in person.

ASIC registered companies
COVID-19 may temporarily impact on companies’ ability to hold an AGM. This issue is most immediately relevant for companies with 31 December balance dates that are required to hold an AGM by 31 May 2020. For these entities, ASIC:
- Confirms it will take no action if the AGMs are postponed for two months; that is, until the end of July
- Supports the holding of AGMs using appropriate technology.

ASIC registered companies please CLICK HERE for more information.

Incorporated Associations
Clubs registered as Incorporated Associations under the Associations Incorporation Act 1964 with Consumer, Building & Occupational Services (CBOS) need to consider the following options. These options and considerations have been developed in consultation with CBOS and guidance from Communities, Sport & Recreation Tasmania (see CSR Fact Sheet HERE)

Postponing the AGM – Incorporated Associations

Firstly, check the Club’s constitution to confirm whether it states a timeframe for postponing the AGM. Usually this will be within 3 months from the end of your financial year. Extensions to this can be granted by CBOS.

If a timeframe is not given (or it’s not substantial enough), it is critical that members are informed of the decision to postpone the AGM. This may require multiple forms of communication (eg. email, letter, social media, phone calls) in order to ensure all members are aware of the decision to postpone. Your constitution will probably specify that all notices should be in writing. Email is considered an acceptable form of communication.

NB: No timeframe has been given by CBOS regarding how long an AGM can be postponed. However, late fees may apply if Annual Returns are not lodged within 6 months of the end of the incorporated association’s financial year.

Digital AGM – Incorporated Associations

Again, check the Clubs constitution to confirm whether electronic AGMs, voting and communication is allowed. If not allowed or the constitution is silent on the matter and the club decides the best way to conduct the AGM is virtually, then it’s critical all members are informed of the AGM delivery and process. Again, this may require multiple forms of communication (eg. email, letter, social media, phone calls) to ensure all members are aware and can attend the AGM.

Whatever medium you choose to use, it is still required to:
- Observe the notice period for calling the meeting
- Distribute a Notice of Meeting, including an Agenda
- adhere to any other requirements in your constitution

Ensure that you have people allocated to perform the same tasks that would ordinarily be carried out in a face to face setting. These include:
- Recording attendance and apologies
- Taking minutes
- Recording resolutions and their outcomes
- Having processes in place for conducting voting

Below are some platform suggestions for virtual AGMs and Committee Meetings. It’s important to choose a platform that all your members can access, be present at the meeting and contribute in real time. For tips on how to host an effective online meeting CLICK HERE

• Zoom Free
  • Free to use for an unlimited period
  • 100 people maximum
  • Capped at 40 minutes per meeting
  • Cannot be recorded
• Zoom Pro or Zoom Business ($20-$30 per month)
  • Paid options providing more functionality
  • Very popular amongst sailing clubs
• Skype
• Teams
• Facebook Group Chat
• And more HERE

Whether you decide to postpone the AGM or host it virtually, either course of action requires information to be widely communicated to all members. This is to ensure that no member can question the outcomes or process of the AGM after it’s taken place.

Communities, Sport & Recreation Tasmania have recently released a Fact Sheet on AGM management for Incorporated Associations CLICK HERE

For more information go to: https://www.cbos.tas.gov.au/contact-us

Or phone CBOS on 1300 654 499

For further assistance, please contact your Regional Manager Chris Jones.