Covid-19 crisis : new rules for meetings of the administration bodies of non-profit organizations

08/02/2022

Covid-19 crisis : new rules for meetings of the administration bodies of non-profit organizations

Since the beginning of the health crisis, some measures have been taken in order to ensure and facilitate decision-making of legal persons.

The latest one, established by Article 13 of the Law n°2022-46 of January 22, 2022 reinforcing the tools for managing the health crisis, is in force from January 23 to July 31, 2022, to the administrative, supervisory or management bodies. For non-profit organizations, it concerns the board of directors or the body in lieu thereof.

In short, whatever the purpose of the decision, it may be taken by audio or video conference or written consultation under the following conditions:

•   Members participating remotely are deemed to be present if the means of connection enable their identification and guarantee their effective participation;

•   Written consultation is authorized if it ensures the identification of the participant and the collegiate nature of the deliberations.

The government still has to extend these rules to the meetings of the general assemblies by ordinance. Publication is expected by April 23, 2022 at the latest.

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