AGM requirements for Australian companies
The annual general meeting is the meeting at which a public company accounts to its members each year. It has a fixed place in the company calendar and a set of statutory requirements around timing, business, and notice. This guide explains who must hold an AGM, when it must be held, what is transacted, and how notice works.
Who must hold an AGM
A public company must hold an AGM. A proprietary company is not generally required to hold one, although it still needs to make the decisions that members would otherwise make at an AGM, often by circular resolution or at a members meeting called for the purpose. The focus of AGM requirements is therefore on public companies.
When the AGM must be held: section 250N
Section 250N sets the timing. A public company holds its first AGM within 18 months of registration. After that, it holds an AGM at least once each calendar year and within 5 months after the end of its financial year. These windows run together, so a company that wants to align its AGM with its reporting cycle plans the date to fall within both. ASIC can extend the period in some cases, on application. Missing the window without an extension is a compliance issue, so the date is worth tracking from the start of the year.
Business of the AGM: section 250R
Section 250R describes business usually transacted at an AGM. This includes the consideration of the financial report, the directors report, and the auditors report for the year. For a listed company, the business includes a non-binding advisory vote on the remuneration report. The AGM may also deal with other business, such as the election of directors or the appointment of an auditor, depending on the constitution and what is on the notice. Members can ask questions about the management of the company and put questions to the auditor.
Notice of the AGM
The AGM is convened by a notice of meeting. The notice states the date, time, and place or method of the meeting, the items of business, and the full wording of any resolution, including any special resolution. The notice period and manner depend on the company type and the constitution. Where members can appoint proxies, the notice includes the proxy form and the lodging deadline. Setting out the business precisely means members are not asked to decide something they were not told about.
Common pitfalls
The frequent issues are scheduling the AGM outside the section 250N window, giving short or defective notice, and notices that do not set out resolutions in full. Each is avoidable by tracking the timing window from the start of the year and using a complete notice.
How Quorum helps
Quorum tracks the AGM timing window from the entity record, so you never miss the section 250N deadline, and builds the notice with the ordinary business and any resolution wording. It keeps the notice, the board pack, and the minutes for the AGM together, and records proxies against the register of members. This helps you comply and supports your obligations. The company remains responsible for compliance.
Part of the Cohiva platform
Quorum is part of the Cohiva platform. Learn more at [www.cohiva.com](https://www.cohiva.com). For resolutions that need signing, [Cohiva Sign](https://www.cohiva.com) provides e-signatures on board resolutions.