Methods for delivery of Notice of AGM: available alternative options
Corporate News - 10 August 2016
It is not widely known that companies are able to despatch their Notice of AGM by means other than just posting, which has the potential to save the company money on both printing and postage.
Pursuant to Section 249J of the Corporations Act 2001 (Cth), a notice may be delivered to members in the following forms:
- by sending the notice of meeting by post;
- by sending the notice of meeting by fax number or electronic address or other electronic means, if nominated by the member;
- subject to the member nominating the electronic means by which it may be notified that notices of meeting are available and nominating the electronic means the member may use to access notices of meeting, by using the nominated electronic means to notify the member that the notice of meeting is available and how to access it using the nominated method of access; or
- by any other means permitted by the company’s constitution.
This means that, with the consent of any shareholders, it is possible to either:
- distribute the notice of meeting electronically; or
- utilise email or other electronic means to notify the shareholder that the notice of meeting is available and direct them where to access the notice of meeting.
However, shareholders must agree to the electronic means by which they are to be notified of the notice of AGM (e.g. notification by fax, email or SMS) and the means by which they can then access the notice (such as from the Company’s website).
Although shareholders may nominate the electronic means by which to receive and access the notice of AGM, the company is not obliged to use those electronic means, and can resort to other means permitted by the Corporations Act 2001 (Cth) or its constitution.