The Committee for Advice on Companies and Associations (CASAVV), an advisory committee set up by Fednot and the Centre, has published two new opinions on its website concerning the following questions:
- Is it possible in a single-member private or public limited liability company (SRL/SA) to grant a proxy to participate in the general meeting? CASAVV concludes that a special proxy by the shareholder of a single-member private or public limited liability company (SRL/SA) for one or more specific meetings or decisions is lawful. However, CASAVV considers that a general, definitive or irrevocable delegation of the powers of the sole shareholder is not admissible.
- Must the minutes of a default meeting for an authentic amendment also be drawn up in an authentic form, or can they be drawn up under private signature? The CASAVV is of the opinion that if the general meeting finds that it does not have a quorum to validly deliberate, the absence must be recorded in the minutes of the meeting and the meeting must be adjourned. However, there is no obligation for the minutes to be drawn up in authentic form.
Both opinions can be consulted on the CASAVV website here.