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ARTICLE · 18 SEPTEMBER 2013

NFP Q&A: AGMs: The Simple Things That Can Go Wrong

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Every now and then I see my office neighbour Nick Pasquino running off to an annual general meeting ("AGM"). He says that he regularly attends AGMs and is often reminding not-for-profit organizations about the rules governing such meetings. He also says that it isn’t surprising for an organization to easily go offside of the rules. I asked Nick to provide a reminder on some of these rules.

CanadaCorporate/Commercial Law

Every now and then I see my office neighbour Nick Pasquino running off to an annual general meeting ("AGM").  He says that he regularly attends AGMs and is often reminding not-for-profit organizations about the rules governing such meetings.  He also says that it isn't surprising for an organization to easily go offside of the rules.  I asked Nick to provide a reminder on some of these rules.   

Question:  What's the first thing a not-for-profit organization should do when it comes to AGMs?

Nick:  It should determine when the AGM will occur and diarize it.  It's easy to let the date slip by.  There are rules imposed by the relevant law applicable to the organization.  For example, federal non-share capital corporations are typically required to hold AGMs within 6 months of the fiscal year end, and no more than 15 months from the previous AGM.

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