Yes they can by 2 months (temporary Covid allowance) but I have yet to hear of any ASX listed that have6. Under section 250N of the Corporations Act 2001, public companies are required to:
(a) hold an AGM within 5 months after the end of their financial year;
(b) hold an AGM once every calendar year; and
(c) hold an AGM within 18 months after its registration.
7. While some companies may be able to hold their AGMs using virtual technology under the temporary legislation within the time required by section 250N of the Corporations Act 2001, other companies may need more time to organise a meeting using virtual technology.
8. ASIC is satisfied that it would be unreasonable to expect public companies with balance dates of between 21 February 2021 and 7 July 2021, and public companies limited by guarantee with balance dates of between 24 January 2021 and 7 July 2021, to hold their AGM within the time required under section 250N due to the ongoing COVID-19 restrictions imposed by a number of State governments across Australia and which are beyond the control of the public companies.
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