Meetings and Assemblies May Still Be Held by Video or Teleconference during 2021 in Spain

Published on 14 December 2020

Since its publication, Royal Decree-Law 8/2020 of 17 March (“RDL 8”) has undergone changes, extensions and clarifications, on occasion to shed light on confusing matters and on others to adapt the reality of company life to the so-called “new reality” as a consequence of the pandemic.

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The last revision took place with the publication of Royal Decree-Law 34/2020 of 17 November, on urgent support measures for corporate solvency and the energy sector, and on tax matters (“RDL 34”). RDL 8 allowed various types of Spanish companies (sociedades anónimas, limitadas and comanditaria por acciones) as well as  sociedades civiles, sociedades cooperativas, associations and foundations to hold their managing bodies’ meetings by multiple videoconference or teleconference until 31 December 2020, even when this possibility is not foreseen in the bylaws (this specific modification with respect to the time period was introduced as a result of the entry into force of Royal Decree-Law 21/2020 of 9 June, on measures for prevention, contention and coordination to face the health crisis produced by COVID-19).

juntas por videoconferencia

As the government is aware that this exceptional situation is here to stay for longer than anticipated, it has extended (by virtue of Article 3 of aforementioned RDL 34) this period for the course of the year 2021. This period, however, is currently restricted to meetings and assemblies of the board. We must not rule out that it is clarified/amended in the future by virtue of another Royal Decree-Law and extended to the rest of the bodies included in RDL 8 as well.