GLS Legal Support Centre

Legal Made Easy For Startups

circle circle circle circle circle
back

Back

Company Secretary Meetings Scheduling Agendas Exec. Liaisons Presentations Corp Sec Line Corp Sec Line Annual Filings Resolutions Group Structure EGM / AGM Co. Sec. Team Records IP Transfer / Creative

Introduction

“When governance really matters, it’s your general meetings that do the heavy lifting – they are the stage where shareholders’ voices shape the company’s future.” – Matt Glynn

Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs) are critical crossroads of governance. They're not just compliance checkboxes-they're the formal arenas where shareholders vote, directors are held to account, and strategic decisions gain legitimacy. Done right, they reinforce trust; done wrong, they can derail even the most promising ventures.

AGM & EGM – What Are They?

PAA: What is an AGM?
An Annual General Meeting (AGM) is a formal meeting of shareholders held each year to present financial statements, approve dividends, elect directors, and address statutory business.

PAA: What is an EGM?
An Extraordinary General Meeting (EGM) is held outside the AGM schedule for urgent or significant matters like mergers, major capital raises, or constitutional amendments.

Why This is Important

This is an important stage of the start-up journey because;

◼️Legal compliance: AGMs are often mandatory; EGMs are needed for urgent approvals.

◼️Shareholder engagement: They’re formal touchpoints for transparency and alignment.

◼️Decision-making: Certain strategic actions require shareholder approval through meetings.

◼️Trust building: Transparent, well-run meetings reinforce investor confidence.

PAA: Is an AGM mandatory for all companies?
In many jurisdictions, yes-especially for listed or public companies. Some private companies may be exempt under local law.

PAA: How much notice must be given for an AGM or EGM?
Notice periods vary by jurisdiction: generally 14–21 days for private companies and 21–28 days for public companies. Always check local regulation.

Consequences of Not Addressing This Issue

Legal Implications: 
Missed timelines can result in penalties or invalidated resolutions.

Founder Relationship Issues
Frustrated shareholders can erode internal trust and morale.

Commercial Implications
Governance failures scare off investors and delay fundraising.

Operational Implications
Strategic initiatives stall without proper authorisations.

Biz Valuation Issues
Governance red flags hit valuation multiples hard.

PAA: What happens if you don’t hold an AGM on time?
Consequences can include regulatory fines, resolution invalidation, and investor mistrust.

What You Should Be Doing

1. Know your obligations – Understand your jurisdiction’s statutory requirements for AGMs and EGMs.

2. Prepare thoroughly – Finalise agendas and packs in advance.

3. Communicate early – Issue notices within required timelines.

4. Facilitate participation – Enable virtual attendance where permitted.

5. Document properly – Keep accurate minutes and resolution records.

PAA: Can AGMs and EGMs be held online?
Yes - many jurisdictions now allow hybrid or virtual formats, provided they meet participation and voting requirements.

Real-World Case Studies

1. Bright Packaging (Malaysia) – High-Stakes EGM Showdown
A minority shareholder call for an EGM escalated into a dramatic boardroom battle, driving share prices to a decade-high. Shareholders attempted to oust multiple directors; the board countered with a 100% dividend policy that regulators questioned as vote-buying. The episode played out publicly for months and highlighted how EGMs can become flashpoints for governance wars. Ultimately, shareholder pressure prevailed.
 Pinsent MasonsWikipedia

2. CCM Ltd (British Columbia) – AGM Invalidated Due to Procedural Flaws
CCM convened an AGM called by a single director, breaching its articles. A court later ruled the AGM and a subsequent board meeting invalid, reinstating the ousted director and ordering a valid AGM. This illustrates how even well-intentioned meetings can be invalidated if procedural rules are overlooked.
 bennettjones.com

3. Career Employment Australia (CEA) – Botched Meeting, Court Intervention
A board attempted to adjourn an AGM in a hastily convened meeting with minimal notice. Litigation revealed the notice was insufficient, leading the court to invalidate the adjournment and confirm the elections held at the initially scheduled AGM.
 stacklaw.com.au+2lumiglobal.com+2

Final Thoughts

AGMs and EGMs serve as the governance heartbeat of a company. When properly executed, they cement legitimacy and build trust. When mishandled, they can spark disputes, reset boards, or collapse deals. Treat them as more than technical ceremonies-they're strategic moments in your company’s life cycle.

How GLS Can Help You

◼️AGM & EGM planning and execution

◼️Agenda and resolution drafting

◼️Notice compliance and filing services

◼️Virtual/hybrid meeting facilitation

◼️Minute-taking and record management

◼️Post-meeting follow-up

GET IN TOUCH

Not sure how we can help? We’d love to talk to you.

circle circle circle circle circle circle circle
Up Arrow
chevron Back
Legal Tools

Support Plans

My Tools

Knowledge Hub

Legal Guide Map
chevron Back
Kickstarter

Bronze

Silver

Gold

Platinum

Compare Plans