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COVID-19: Possibility to hold meetings of the management body telematically or in writing and without a session

Royal Decree 2/2021 of 26 January, on the reinforcement and consolidation of social measures in defence of employment, has added a new section to Article 3 of Royal Decree 34/2020, to extend the provisions of the same to the meetings of the administrative bodies of civil and commercial companies.   

This article exceptionally allowed that, during the financial year 2021will be held by videoconference or multiple conference call meetings of the general meeting of capital companies, as well as of the boards or assemblies of members or partners of other legal persons under private law (i.e. associations, cooperative societies, etc.), even if I wasn't so provided for in its articles of association.  

This new paragraph extends this possibility of holding meetings by videoconference or multiple conference call to the management bodies of civil and commercial companies, provided that all members are available toness of the necessary means for this.  

In addition, exceptionally during the year 2021, even if not provided for in the Articles of Association, the adoption of the following is permitted the resolutions of the administrative bodies of associations, civil and commercial companies, the governing council of cooperative societies and the board of trustees of foundations in writing and without a meeting. as long as it to be decided by the president or, so at least two of the members of the body.  

In this case, the provisions of Article 100 of the Commercial Register Regulations shall apply, even if the companies are not commercial companies. 

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February 10, 2024