Covid-19 and Associations in NSW

Some FAQs provided by Department of Fair Trading (NSW).

Financial Reporting Requirements

Associations do not have to apply for a formal extension of time in order to conduct their 2020 AGM or to present their 2020 financial statements to members at their 2021 AGM.
If an association is unable to hold its 2021 AGM within six months after the end of its financial year or is unable to submit the required annual summary/ies of financial affairs within one month of the AGM, it will need to apply for an extension of time by lodging Form A11 and pay the prescribed fee. This fee will be waived if the extension of time is required due to COVID-19 circumstances.

Use of technology

Until 31 March 2022, associations may conduct committee meetings and general meetings using technology even if this isn’t stipulated in their constitutions.
Members must still be able to participate for an association to use technology, such as Zoom or Skype meetings.

Until 31 March 2022 associations may also pass ordinary and special resolutions by either postal or electronic ballot even if this isn’t currently stipulated in their constitution.
The postal or electronic ballot must be conducted in accordance with Schedule 3 of the Associations Incorporation Regulation 2016.

If a co-operative requires additional time in which to hold its 2020 AGM and/or lodge the annual return/report or is unable to hold its 2021 AGM and lodge its 2021 annual return/report within 5 months after the end of its 2021 financial year it will need to apply for an extension of time (using Form C15) and pay the prescribed fee.

For further information and advice on holding your AGM through stay-at-home orders, please contact us for assistance.