Amendments to the Civil Code of the Russian Federation came into force starting from July 1, 2021, allowing participants of legal entities to hold meetings remotely.
According to the amendments, members of civil law communities (JSC, LLC, commercial partnerships, boards of directors and others) can participate in the meeting remotely using electronic or other technical means, provided that methods are used to accurately identify the person who:
– participates in such a meeting;
– participates in the discussion of items on the agenda;
– votes on each item on the agenda.
The law, the unanimous decision of the participants of the communities or the charter of the legal entity may establish:
– a specific method of remote participation in the meeting;
– joint holding of the meeting and absentee voting;
– another method to confirm the holding of the meeting and the voting results (for example, a video recording of the meeting).
The decision of the meeting will be considered made if the majority of the participants of the meeting voted for it, while at least 50% of the total number of participants of the relevant community participated in the meeting.
The voting results should be confirmed by the minutes. The form of compilation is written or electronic. The document should be signed by:
– the chairman of the meeting and the secretary of the meeting – in case of a voting in person;
– persons who conducted the vote count or recorded the result of the counting – in case of absentee voting.
The document should contain the following information:
If the meeting was held in a remote format, then it is not necessary to reflect the place of its holding in the document. It will be enough to specify the method of conducting remote participation.
If the meeting was held in absentia, then it is necessary to indicate in the minutes the date before which the documents containing information about the voting were accepted.
In the matters of holding meetings of LLC and JSC participants, please contact Acsour specialists.