While social distancing restrictions remain in place around the country (to varying degrees), companies are still required to hold meetings and execute documents to keep business running and comply with their corporate obligations.
From today, amendments to the Corporations Act 2001 allow companies to convene online for annual general meetings and other meetings prescribed under the Act, rather than face to face. To hold an online meeting the technology used must give all persons entitled to attend a reasonable opportunity to participate and speak at the meeting, and certain notice and voting requirements must be complied with.
In addition, companies can sign documents in counterpart rather than using a common seal or electronically, provided they comply with the obligations under the new section, being that the person signing must be able to be identified, and their intention to sign the document must be clear.
In addition, the electronic method must be reliable and appropriate for the purpose, in light of all circumstances.
These amendments to the Corporations Act 2001 continue for six months.
If you require assistance with complying with your corporate obligations or have any questions regarding the changes, please contact our Commercial Business team.