COVID-19 – Charity AGM Restrictions In The Isle Of Man – Corporate/Commercial Law – Isle of Man – Mondaq News Alerts

Isle of Man: COVID-19 – Charity AGM Restrictions In The Isle Of Man

To print this article, all you need is to be registered or login on Mondaq.com.

The COVID-19 pandemic and associated restrictions place
unprecedented difficulties on Isle of Man registered charities
holding their Annual General Meeting (AGM).

Due to the recent implementation of measures regarding social
distancing, isolation and restrictions on travel and movement, the
logistics of a charity holding an AGM in the usual manner is not
possible. The Isle of Man Attorney General has issued some guidance
to assist Manx charities over the coming months.

Charities required to hold their AGM before the end of April
2020

The Attorney General has agreed that any charity which is
required to hold its AGM before the end of April and is prevented
from doing so due to the COVID-19 outbreak and the official
restrictions currently in force, is permitted to postpone the AGM
up to the end of May.

This is intended to give charities time to amend their governing
instrument to make provision for alternative arrangements. Such
alternative arrangements may include:

  • reducing the quorum required for the
    AGM; and
  • allowing members to vote on proposals
    (including election of charity trustees) either by proxy, post or
    email.

If the governing instrument of a charity requires any proposed
amendments to be made at a general meeting, votes on such proposals
may be made by post, if restrictions in force at the time in which
the meeting is to be held, will mean that the necessary quorum
cannot be achieved.

Charities required to hold an AGM from 1 May 2020 onwards

Charities required to hold an AGM from 1 May onwards will not be
able to postpone their AGM.

If restrictions in force at the time in which the meeting is to
be held prevents the necessary quorum from being achieved, then the
charity must make the necessary amendments to their governing
instrument (as detailed above) before the AGM is due to take
place.

Governing Instruments which do not permit amendment

In some cases, the governing instrument of an Isle of Man
registered charity may not permit any amendments.

In these circumstances, the Attorney General has the power to
consent to a resolution passed by the charity trustees to adopt
appropriate provisions in the governing instrument. The proposed
amendment must still comply with the Charities Regulations 2020,
particularly Regulation 8 which sets out various provisions that
the governing instrument must include.

Conclusion

The above approach agreed by the Attorney General has provided
much-needed clarity for Isle of Man registered charities required
to hold AGMs in the next couple of months.

It is important that charities that are required to hold an AGM
in the near future review their governing instrument and take the
appropriate steps to ensure that an AGM can be held.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Corporate/Commercial Law from Isle of Man

First Aid Guide For Directors

Collas Crill

We are facing an unprecedented period of adversity. The offshore financial services industry and the local communities that we serve, like the rest of the world, are not immune to the impact of the Coronavirus.

Source: mondaq.com

Leave a Reply

Your email address will not be published. Required fields are marked *