Notice of Annual General Meeting of Australian Financial Complaints Authority Limited

Notice is given that the Annual General Meeting (AGM) of members of Australian Financial Complaints Authority Limited will be held:

Date:             Friday, 13 November 2020

Time:            9:30am (AEST)

Venue:         Virtual meeting online at https://agmlive.link/AFCA20

Members of the AFCA Board and Executive Committee will attend the meeting at AFCA’s offices located in Melbourne and Sydney, if permissible under COVID-19 restrictions in place at the time.

Members may participate in the meeting online with registration commencing on 13 November 2020 at 9:15am. If you choose to participate via the online meeting, you will be able to watch online, cast and online vote during the meeting and ask questions online  via a moderator.

Ordinary Business

The third Annual General Meeting will commence with some comments from the Chair of the Board, the Honourable Helen Coonan, on the activities of Australian Financial Complaints Authority (AFCA) in the 2019-20 financial year.

The ordinary business of the meeting is:

  • The meeting to resolve to appoint Moore Stephens as AFCA’s auditor in accordance with s327B of the Corporations Act 2001.
  • The meeting to receive and consider the AFCA General Purpose Financial Report for the year ending 30 June 2020, incorporating the annual financial report, directors’ report and auditors’ report.

Copies of the above and the above Report are on the Company’s website at www.afca.org.au.

There is no special business scheduled to be conducted at the meeting. By Order of the Board

How to participate in the meeting

Registration for online participation

Members are requested to participate in the AGM virtually, via a Direct Voting Form or the appointment of a proxy.

We recommend logging in to our online platform at least 15 minutes prior to the scheduled start time for the Meeting using the instructions below:

Enter https://agmlive.link/AFCA20 into a web browser on your computer or online device:

  • Members will need their Member Number; and
  • Proxyholders will need their proxy code which Link Market Services will provide via email no later than 48 hours prior to the Meeting.

All Resolutions by Poll

In accordance with clauses 10.7 and 10.9 of the Company’s constitution, the Chair intends to call a poll on each of the resolutions proposed at the AGM. Each resolution considered at the AGM will therefore be conducted by poll, rather than a show of hands. The Chair considers voting by poll to be in the interests of the members as a whole, and to ensure the representation of as many members as possible at the meeting.

How to Vote

A member may appoint one (1) proxy. A proxy may, but need not, be a member. A link to the proxy form accompanies this Notice of Meeting

Instructions for completing the Proxy Form are on page 3 of the Proxy Form.

Members may vote by either:

  • Using the online platform or
  • Appointing a Proxy
  • Using the online platform. We recommend logging in to the online platform at least 15 minutes prior to the scheduled start time for the Meeting using the instructions below:
    • Enter https://agmlive.link/AFCA20 into a web browser on your computer or online device;
    • Members will need their Member Number and their postcode; and
    • Proxyholders will need their proxy code which Link Market Services will provide via email no later than 48 hours prior to the Meeting.

Online voting will be open between the commencement of the Meeting at 9:30 am (Sydney/Melbourne time) on 13 November 2020 and the time at which the Chair announces voting closure.

Appointing a proxy to attend and vote on their behalf, using the enclosed proxy form.

The proxy form and the power of attorney or other authority (if any) under which it is signed (or a certified copy) must be received by the Share Registry, Link Market Services Limited, no later than Wednesday 11 November 2020 at 9:30am (that is, at least 48 hours before the meeting). Proxies received after this time will not be accepted.

Instructions for completing the proxy form are outlined on the form, which may be returned by:

  • lodging it online at linkmarketservices.com.au in accordance with the instructions provided on the website. You will need your Member Number to lodge your proxy form online;
  • posting it c/– Link Market Services Limited, Locked Bag A14, Sydney South NSW 1235, using the reply paid envelope provided; or
  • faxing it to Link Market Services Limited on +61 2 9287 0309

Proxies from corporate members must be executed in accordance with their Constitution or signed by a duly authorised attorney.

A proxy may decide whether to vote on any motion except where the proxy is required by law or the Constitution to vote, or abstain from voting, in their capacity as a proxy. If a proxy directs how to vote on an item of business, the proxy may only vote on that item, in accordance with that direction. If a proxy is not directed how to vote on an item of business, a proxy may vote how he/she thinks fit.

The Constitution provides that where the appointment of a proxy has not identified the person who may exercise it, the appointment will be deemed to in favour of the Chair of the meeting to which it relates, or to another person as the Board determines.

If a member appoints the Chair of the meeting as the member’s proxy and does not specify how the Chair is to vote on an item of business, the Chair will vote, as a proxy for that member, in favour of the item on a poll.

More information about voting, proxies and online participation in the Meetings is also available on the Company’s website www.afca.org.au.

AGM Considerations and Member Questions

A discussion will be held on all items to be considered at the AGM.

All Members will have a reasonable opportunity to ask questions during the AGM via the virtual AGM platform, including an opportunity to ask questions of the Company’s external auditor.

To ensure that as many Members as possible have the opportunity to speak, Members are requested to observe the following:

  • all Member questions should be stated clearly and should be relevant to the business of the Meeting, including matters arising from the General Purpose Financial Report, including the annual financial report, directors’ report and the auditors’ report and the appointment of the auditors and general questions about the performance, business or management of the Company;
  • if a Member has more than one question on an item, all questions should be asked at the one time; and
  • Members should not ask questions at the Meeting regarding personal matters or those that are commercial in confidence.

Members who prefer to register questions in advance of the AGM are invited to do so. A Member Question Form has been included with this Notice and is also available on the Company’s website www.afca.org.au.

We will attempt to address the more frequently asked questions in the Chair and Chief Ombudsman and CEO’s presentations to the Meeting. Written questions must be received by the Company or Link Market Services Limited by [9:30 am] on [Wednesday 11 November 2020], and can be submitted online, by mail, or by fax (as set out on the top of the Member Question Form).

Enquiries

For further information relating to the 2020 Annual General Meeting, please refer to www.afca.org.au or contact the Company Secretary of Australian Financial Complaints Authority Limited:

  • via email at company.secretary@afca.org.au; or
  • via telephone at +61 2 8366 8589