Author: Yovan Alfredo Saavedra Cabrejo
“(…) ARTICLE 2.2.1.16.1. Non-face-to-face meetings. For the purposes of the non-face-to-face meetings referred to in article 19 of Law 222 of 1995, modified by article 148 of Decree Law 019 of 2012, when reference is made to “all partners or members” it will be understood that it is of those participating in the non-face-to-face meeting, provided that there is the necessary number of participants to deliberate as established by law or regulations.
The legal representative must record in the minutes the continuity of the necessary quorum throughout the meeting. Likewise, he must verify the identity of the virtual participants to guarantee that they are indeed the partners, their representatives or members of the board of directors.
The legal and statutory provisions on convocation, quorum and majorities of face-to-face meetings will be equally applicable to non-face-to-face meetings referred to in article 19 of Law 222 of 1995, modified by article 148 of Decree Law 019 of 2012.
(…) The scope must indicate the technological means and the way in which the meeting will be accessed by the partners or their representatives.
The disclosure must be made by the same means that was used to make the call.
Based on the decree and in compliance with its requirements, all legal entities have the right to hold their meetings of shareholders’ meetings, general meetings of shareholders or boards of directors virtually.
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