Company AGM Deadlines and Exemptions

Key Points

For financial years ending from 31 August 2018, listed companies generally hold AGMs within four months of FYE and non-listed companies within six. Private companies may qualify for exemption or dispense with AGMs through a resolution agreed by all members. Sending financial statements to all members within five months is one exemption route. Member and auditor request rights remain relevant, and the annual return must state the applicable AGM position.

Choose the AGM Route Before Setting Dates

First confirm whether the company is listed or non-listed and which financial year is being considered. The standard timing rules in this guide concern financial years ending on or after 31 August 2018. A private company should then check the relevant exemption or unanimous decision to dispense with AGMs before assuming that a meeting is unnecessary.

Exemption and dispensation are different routes. Sending financial statements to all members within five months after FYE is one exemption condition. Separately, all members can agree to dispense with the AGM, with the relevant business dealt with through written resolutions. ACRA also describes a qualifying dormant-company exemption with listing-status and asset conditions; dormancy alone is insufficient.

Keep evidence of when statements were sent and any member requests received. A member can request an AGM up to 14 days before the six-month deadline. A member or auditor may also ask for a general meeting within 14 days after receiving the statements; the company must hold that meeting within 14 days of the request.

Record whether the AGM was held, exempted or dispensed with when preparing the Annual Return. Retaining the circulation records and resolutions is a practical way to support that declaration. Check the AGM deadlines and member safeguards ↗ before relying on an exemption or arranging an extension.