The holding of meetings of the board of directors in legal entities under private law in times of pandemic. As we have already published, a series of measures were taken affecting such meetings.
Now a series of amendments to these measures are published.
Meetings of board of directors of legal entities under private law
On January 27, RDL 2/2021 was published in the BOE, by which the corporate measures we summarize below were approved, and which will be applicable during the whole year 2021.
- Although not provided for in the bylaws, the meetings of the board of directors may be held by videoconference or multiple telephone conference. Both for civil and commercial companies and for the board of directors of cooperatives. Provided that all members have the necessary means at their disposal. After the meeting, the secretary shall immediately send the minutes of the meeting to the e-mail addresses of the attendees.
- In addition, resolutions of administrative bodies may be adopted by means of a written vote without a meeting. Likewise, this affects commercial companies, associations, the governing council of cooperatives and the board of trustees of foundations. The meeting shall be deemed to be held at the registered office, provided that:
- the chairman so decides
- and in any case whenever requested by at least two of the members.
In this way, private law legal entities are enabled to seek safe alternatives to Covid-19. And to be able to hold the meetings of the administrative body without further delay.