Question: How much notice of the meeting needs to be given for an adjourned AGM?
In NSW, does an adjourned AGM need seven days’ notice? Our AGM was supposed to take place in Dec. It was adjourned to 8 Feb and 2 days before that, adjourned again. The date of 22 Feb was eventually agreed upon. We were officially notified of the new date and sent documents (some of which had changed from the originals) on 20 Feb.
Answer: There is no requirement to give at least 7 days’ notice. Only 1 days notice is required.
If the meeting was adjourned (for reasons other than a quorum was not present) the procedure is set out below (extracted from Schedule 1 of the legislation) – there is no requirement to give at least 7 days’ notice. Only 1 days notice is required:
20 Adjournments
- A meeting may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
- The time and place at which a meeting adjourned under this Part is to be resumed must be fixed by the person who was presiding at the meeting or, if the meeting was adjourned because of a lack of a quorum, by the person who would have presided at the meeting but for the lack of the quorum.
- The secretary of the owners corporation must give to the members of the owners corporation, at least 1 day before the resumed meeting, a written notice specifying—
- the time and place of the meeting, and
- the provisions of this Act for determining the quorum at a meeting.
This post appears in Strata News #641.
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