On November 17, 2020, the RD Law 34 / 2020 "Of urgent measures to support business solvency and the energy sector, and in tax matters". As we know, the health crisis caused by COVID-19, the measures of physical distancing and limitations to mobility, have a huge impact on the activity of legal persons. Thus, this rule reactivates and extends the exceptional measures associated with the first state of alarm and this as a result of the declaration of the second state of alarm at the end of October.
The new rule includes in its third article a series of extraordinary measures aimed at allowing the holding of General Meetings by videoconference or multiple telephone conference, which will be applied during 2021. They are the following:
- For capital companies:
- For SA Still without provision in its statutes, the board of directors may foresee in the call of the general meeting attendance by telematic means and remote voting in the terms provided in arts. 182 and 189 of the TRLSC (and art. 521 in the case of listed SAs), as well as the holding the meeting anywhere of the national territory.
- For LLCs and limited companies by shares. Again without need to provision in the statutes, may celebrate the general meeting by video conference or multiple conference call, provided that all persons entitled to attend (or their representatives) have the necessary means necessary, the secretary of the organ recognizes its identity and collect it expressly in record, which should be sent immediately to the email addresses.
- For the rest of legal persons (associations, civil societies and cooperatives). Like the previous ones Without the need for a provision in the statutes, the meetings or assemblies of partners may be held under the same terms than for LLC and limited liability companies listed in the previous section.
- For foundations. Equally without the need for provision in the statutes, Board meetings may be held under the same terms that those expressed for LLCs and limited partnerships, and provided that all members of the body have the necessary means, and the secretary, after acknowledging their identity in the minutes, send it to each of the participants.
