Australia: Operating a Business During COVID-19

companies have adopted various approaches in complying with their obligations concerning AGMs while adhering to applicable social distancing requirements. As a general rule, companies have opted to use technology to hold meetings rather than hold face-to-face meetings.

Different approaches have also been adopted with respect to voting and questions from members. For example, certain companies have notified members that resolutions may only be voted via proxy, while others have provided access to technology which allows for voting at the meeting. While some companies have allowed for questions, others have indicated no questions will be taken at the meeting.

These different approaches may be as a result of each company’s particular constituent documents, but generally highlights uncertainty in the market with respect to how to deal with the relevant issues.

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