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Is an AGM mandatory for Charitable Trusts?


24-Dec-2025 (In Corporate Law)
I am a member of an organisation set up in 1994 under Bombay (now Maharashtra) Public Trust Act 1960. We have more than 200 members who pay an annual subscription as well as a Governing Council and a Board of Trustees. The Memorandum of Association stipulates the holding of an AGM, Trustees Meetings and GC Meetings. However, since inception, while the last two have been conducted regularly, an AGM has not been held, apparently because it is not mandatory for charitable trusts. Is this correct?
Answers (2)

Answer #1
838 votes
Under the Maharashtra Public Trust Act, AGMs aren't strictly statutory like in Company Law, but if your Memorandum of Association stipulates an AGM, then it is legally binding and must be held as per the concerned clause of the MOA.
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Answer #2
851 votes
Under the Maharashtra Public Trusts Act, an AGM is not statutorily mandatory. However, if the Trust Deed or Memorandum mandates holding an AGM, it becomes binding. Non-compliance can be questioned before the Charity Commissioner.
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