Among the exceptional measures approved by the Government during the State of Alarm, we find the Royal Decree – law 8/2020 that, in articles 40 and 41, establishes the framework of action for the companies in relation to the shareholders’ meetings. In this publication we explain you what the legislation says and which tools EADTrust offers to guarantee a correct application of it.
Firstly, article 40 of the Royal Decree – law indicates that, during the duration of the State of Alarm and although it is not foreseen in the statutes, civil, commercial and cooperative societies will be able to carry out the sessions of their governing and administrative bodies by means of video or multiple telephone conference. Similarly, meetings or assemblies of members may be held.
Regulations demand a series of requirements in order to hold these meetings: they will be held by videoconference or telephone conference; all the participants must have the necessary means to connect; the secretary will have recognized their identity which, finally, will be recorded in the minutes and sent by e-mail to the participants.