Can your KNSW Club hold its AGM remotely or should you postpone the meeting?
In light of the physical distancing and shutdown requirements imposed during the COVID-19 pandemic, you need to decide if your KNSW Club can hold its AGM remotely through the use of technology or if you should postpone the meeting until restrictions are lifted.
Here is a short resource that explains which organisations may do this and which may need to seek advice before proceeding.
Whether or not your organisation can hold general meetings remotely will depend on your rules, the law in your state, and the approach of your regulator.
We understand that all of this may be confusing, so we want to reassure you that the most important thing you can do at this time is act in good faith and be clear in your communications with your members.
Regulators are likely to take a facilitative approach given the current circumstances.
Industry bodies are also working hard to secure a blanket exemption on any requirements for not-for-profits to hold face-to-face meetings for the remainder of the pandemic.
We shall keep you updated as further information comes to hand.
Governance Resources - Covid-19
New ‘safe harbour’ insolvency provisions for company directors
Company directors (and committee members of incorporated associations) have a duty to make sure the organisation is not trading while insolvent. In the current health crisis, circumstances are changing and evolving on a day-to-day basis. This can make it difficult for directors to foresee insolvent trading.
In response to COVID-19, on 24 March 2020, the Federal Government passed legislation (as part of the Coronavirus Economic Response Package Omnibus Act 2020 (Cth)) to protect directors of companies registered under the Corporations Act 2001 (Cth) from breaching this duty for the next 6 months.
The protection only applies to debt incurred ‘in the ordinary course of the company’s business’ between 24 March 2020 and 23 September 2020 (though the period could be extended). The legislation doesn’t specify the size of the debt for the protection to apply, however, the language in the memorandum explaining the new law suggests ‘ordinary course’ may include initiatives (and associated debts) outside existing operations.
Regulations are expected to clarify this issue.