The answer depends on the provisions of an organisation’s governing documents. Company law no longer requires a private company to hold an AGM. This includes charitable companies. However, if your organisation’s governing documents include an explicit requirement to convene and hold an AGM, those rules should be followed and failure to do so will constitute a breach of the governing documents.
If there are no specific provisions in your governing documents but an AGM has been held as a matter of good governance, you may be able to dispense holding an AGM as long as you are not subject to any sector-specific legislation or financial covenants with lenders requiring an AGM to be held.
You should check your governing documents as soon as possible to establish your organisation’s obligations and seek legal advice if there are any uncertainties, particularly if you wish to dispense with holding an AGM.
If your organisation is a private or charitable company which required to hold an AGM and you are concerned how this can be achieved in a way that is safe and best suited to your shareholder/members, please read our article: Holding Remote Meetings: Advice for Unincorporated Charities and Charitable Trusts
If your organisation is a charitable trust or an unincorporated charity which is required to hold an AGM and you are concerned how this can be achieved in a way that is safe and best suited to your trustees/members, please read our article Holding Remote Meetings: Advice for Unincorporated Charities and Charitable Trusts.
The virtual meetings series:
Holding Remote Meetings – Part two of our ‘Virtual Meetings’ series Blog | Hugh James
Do You Need to Hold an AGM? – Part three of our ‘Virtual Meeting’ series Blog | Hugh James
