The amended Commercial Companies Code, in Article 2341, introduces the possibility of holding shareholders’ meetings in the form of teleconferences and tele-assemblies by means of electronic communication in real time. This solution allows shareholders to participate in the proceedings of the meeting while being in a place other than the place of the meeting.
The condition for holding the meeting by teleconference or tele-gathering is that the company’s articles of association are adjusted and mechanisms are put in place to identify the identity of the shareholders through appropriate safeguards. The company remains obliged to indicate in the articles of association the place of the meetings, while the place from which a shareholder participates in a teleconference is arbitrary.
In the case of holding shareholder meetings by means of real-time electronic communication, it is necessary to remember to attach an additional list of shareholders voting by means of electronic communication to the minutes of the meeting.