Status: 02/09/2023 3:28 p.m
The Bundestag has decided to make it easier to hold digital general meetings in associations. In addition to video conferences, participation via chat or telephone should also be possible in the future.
In the future, associations should generally be able to hold general meetings completely virtually or in hybrid form, i.e. with individual members connected – with full voting rights for all participants. This was decided by the Bundestag with a large majority.
Previously, a corresponding regulation in the association’s statutes was the prerequisite for this. An amendment to the articles of association to make digital or hybrid meetings possible should no longer be necessary under the law.
Changes to the Articles of Incorporation required
However, associations still have the option of excluding hybrid or purely virtual general meetings in their statutes. According to association law, general meetings have so far had to take place as face-to-face events. Virtual general meetings are only possible if the statutes of the association expressly provide for this or if all members expressly agree.
In the future, a hybrid meeting can be convened. If there is a desire for completely virtual meetings, this can then be decided by member resolution. According to the law, participation would be possible “by way of electronic communication”, which, according to the coalition factions, includes video, chat, telephone or voting by e-mail.
Exceptions were already in place during the Corona period
In the opinion of the SPD, the new regulation will benefit small clubs because it saves them the effort and costs of a possible change in the statutes. It is also argued that the digital opening makes it easier to take part in meetings in nationwide clubs because long journeys are no longer necessary.
The law follows on from an exception that was already in place during the Corona period. Because of the advancing digitization, the regulation also makes sense beyond the pandemic, argued the Federal Council, which initiated the project. It is still unclear when the new regulation will come into force. After the Bundestag, the Bundesrat still has to deliberate on it.
Criticism from the Union, AfD does not agree to the project
The Union criticized the regulation as impractical, especially for small clubs. Because purely digital meetings could only be decided by the board if there had been a corresponding decision by the general meeting beforehand, said CDU MP Ingmar Jung.
AfD MP Fabian Jacobi questioned whether the law would actually create more opportunities for clubs. Because digital and hybrid meetings are already possible today if the members of the association want that. Rather, it is about the possibility “of simply allowing those who prefer not to meet in person at general meetings to rule in the clubs.” The AfD was the only group that did not agree to the project.