Permanent changes to AGMs and electronic communications.

The Government has introduced into Parliament a Bill to permanently allow companies to use technology to meet their regulatory requirements and ensure that companies can continue to meet their obligations amid the uncertainty of the COVID‑19 pandemic.

These reforms build on the recently renewed temporary relief, which we reported in our September 21 blog, and which will remain in place until 31 March 2022.

Specifically, the new permanent reforms will:

• ensure that meetings can be held physically, as a hybrid, or (if expressly permitted by the entity’s constitution) virtually, provided that members, as a whole, are given reasonable opportunity to participate in the meeting;

• ensure that companies (and registered schemes) can meet their obligations to send documents in hard copy or soft copy, and give members the flexibility to receive documents in their preferred format; and

• allow documents, including deeds, to be validly executed in technology neutral and flexible manners, including by company agents.

The new bill is a welcome change, especially in an ever-changing environment where travel and gatherings remain restricted.

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