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General meetings in audio or videoconference also without any appropriate provision in the statutes

  • 16/10/2017

Article 2370, paragraph 4, of the Italian Civil Code, states that the statutes may allow the intervention in a general meeting by means of telecommunication devices.

In its recent opinion no. H.B.29, the association of notaries of north-eastern Italy has explained that the provision at issue aims at helping direct participation in general meetings as well as permitting any participant to take an informed decision.

Even before the entry into force of that provision, interventions in general meetings by means of telecommunication devices were certainly permitted, provided that all participants were able to simultaneously discuss and vote on all issues on the agenda.

It is then undisputable that a general meeting may be held also in audio or in videoconference, even if this is not expressly stated in the statutes. So, article 2370, paragraph 4, of the Civil Code, simply means that the statutes are allowed to regulate the way an intervention with telecommunication devices may take place.

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