Successful AGM strategies for Australian NFPs

The Australian Charities and Not-for-profits Commission (ACNC) does not explicitly require every charity to hold an AGM. Still, charities must meet ACNC Governance Standard 2, which requires accountability to members. Holding an AGM is the most common way to demonstrate this accountability. All registered charities, except for Basic Religious Charities, must uphold the ACNC Governance Standards to maintain registration.

Depending on your organisation’s legal structure, different rules apply. If your NFP is a company limited by guarantee and a registered charity, the old Corporations Act requirement to hold an AGM within a specific time has been “turned off”, meaning it’s no longer a legal obligation under the Corporations Act. Instead, the ACNC expects you to decide how best to be accountable to members, often still via an AGM.

Incorporated associations, on the other hand, are generally required by state/territory laws to hold an AGM, e.g. within a few months of financial year-end, so you must follow your state’s specific rules. Unincorporated associations or trusts should check their governing documents; many choose to hold AGMs as good practice, even if not legally required.

All charities must file an Annual Information Statement (AIS) with the ACNC each year, due within six months of the year-end, and submit financial reports if they are a medium or large organisation as defined by the ACNC. For example, “small” charities are now defined as those with revenue under $500k. Medium-sized charities with an annual revenue of over $500k require a financial review. In comparison, large charities with an annual revenue of over $3 million are required to undergo an audit, with the resulting reports lodged with the ACNC. Notably, medium and large charities must disclose related-party transactions, and large charities must report aggregate executive remuneration in their AIS. These disclosures, introduced in line with the ACNC’s legislative changes, aim to enhance transparency for donors and stakeholders.

ASIC’s role comes in if your organisation is not a registered charity. A not for profit company that isn’t registered with ACNC, for instance, a club or NFP not seeking charity status, must still comply with the Corporations Act, including the requirement for public companies to hold an AGM within 5 months of the financial year-end. However, non-charity companies must still lodge annual reports and hold AGMs as per the Act. Additionally, all company directors are now required to have a Director Identification Number, a measure to combat fraud.

After your AGM, if any changes occur, such as new board members, the ACNC refers to them as “Responsible People”, or updates to your constitution, you must notify the ACNC. It is also recommended that you update the ABR at the same time if there have been changes to the board. Large and medium charities have 28 days to notify such changes; small charities have 60 days. Keeping your Charity Register details up to date isn’t just a rule; it also bolsters public trust when people look up your organisation.

ASIC does not require a separate notification of director changes for ACNC-registered companies; the ACNC update is sufficient.

However, if you amend your company’s constitution, remember to lodge the special resolution with ASIC. Being diligent with these reporting obligations will keep your charity in good standing. Indeed, as of mid-2025, the ACNC reported that 97% of charities eventually filed their AIS, although only about 73% met the initial deadline.

Regulators have recognised that the way we meet is changing. Virtual and hybrid AGMs are now a permanent part of the legal landscape. Since 1 April 2022, amendments to the Corporations Act allow companies to hold hybrid meetings by default, and even fully virtual meetings if permitted by the organisation’s constitution. This “technology-neutral” approach was reviewed in 2024 to ensure it was working. The government’s 2025 response agreed that organisations, including NFPs, should have the flexibility to choose meeting formats that suit their members. In short, expect virtual and hybrid AGMs to continue, backed by legislation that prioritises member participation rights.

Along with legal changes, regulators and governance bodies have issued guidance on running effective digital meetings. A 2025 joint guide from the AICD, Governance Institute, and others emphasises that technology should enhance members’ rights, not hinder them.

Regardless of the format, companies and organisations must provide members with a reasonable opportunity to participate, rather than just watching a livestream. This means that members attending online should be able to ask questions, both in writing and verbally, and to vote in real time, just as they can on-site.

Apart from compliance, Australian NFPs are adapting to new norms and expectations around AGMs:

• Hybrid and virtual AGMs are here to stay: Hybrid AGMs have become common, even preferred, in many cases. In the NFP world, hybrid formats can significantly increase accessibility. Just remember, if you’re hosting people on-screen and in-room together, you must facilitate equal participation. Allow online attendees to raise their hands or type questions and be heard. Utilise voting platforms or polls to enable remote members to formally vote on resolutions. The goal is inclusivity: as ASIC Chair Joe Longo put it, technology at AGMs must “enhance, rather than diminish” member rights.
• Digital engagement and communication: Beyond the meeting itself, NFPs are leveraging digital tools to engage their stakeholders around the AGM. This can include distributing the annual report and meeting notices electronically, which is now legal and often preferred by members, using online nomination forms for board elections, and gathering questions from members prior to the meeting via email or an online portal. Such practices tend to drive higher participation. Just be sure to keep communications clear: explicitly state whether it’s a hybrid meeting with both options or a fully virtual meeting, and include the login details. Provide user-friendly instructions for joining and voting, and offer a technical support line on the day for anyone who encounters an issue.
• Enhanced transparency: Trust is key in the not-for-profit sector, and AGMs are an opportunity to build it. Many organisations now go beyond the bare minimum financial presentation. They share impact reports, discuss how funds were used to support the mission, and openly address questions about their operations. With the ACNC’s Charity Register publicly listing every charity’s annual reports and financial statements, stakeholders expect transparency and openness. New ACNC reporting rules on related-party deals and executive pay are also pushing boards to be more transparent about how they manage conflicts of interest and remuneration. Embrace this trend by proactively disclosing pertinent info to your members at the AGM.
• Board elections and governance best practices: AGMs often bring leadership changes. Recent governance trends emphasise making board elections fair, efficient, and aligned with the organisation’s needs. Practical steps include calling for nominations well in advance, transparently communicating the skills or diversity the board is seeking, and using independent returning officers to oversee the election count. Many not-for-profits have updated their constitutions to allow electronic voting or proxy voting, which can increase member participation in elections. It’s also wise to encourage questions and consider holding a brief Q&A session or displaying candidate statements so members can make informed choices.

A successful AGM for a not for profit organisation is one that meets legal obligations and energises your members for the year ahead. By staying on top of current ACNC/ASIC requirements, adapting to new technologies and trends, and following best practices in planning, you can turn your AGM from a checkbox exercise into a highlight of your organisation’s calendar.

The environment in 2026 and beyond is very much about flexibility, transparency and inclusion. With good preparation and the right mindset, your NFP’s AGM can run smoothly and leave a positive impression on your supporters.