New legislation modifies the Belgian Companies and Associations Code

In the light of the COVID pandemic, on 20 December 2020 the Belgian Government passed an Act to enable ASBL’s to hold their General Assemblies remotely whether or not that possibility is allowed for in the Articles of Association.

One requirement of the Act is that BEDA should have available to its members on its website, access to and information on the General Assembly. This part of the BEDA website in the Members’ Section is our response to this requirement.

Participation in an electronic general meeting is allowed providing the following conditions are met*:

  • The means of communication used shall enable the legal entity to verify the capacity and identity of the member using it.

BEDA response: We have communicated with Members prior to the GA the registration and issued voting accreditation forms. Only members registered can attend the meeting via a code that is unique to them.

  • The means of communication shall enable the member using it to at least monitor the proceedings of the general meeting directly, simultaneously and without interruption. The shareholder must also be able to exercise their voting right on the items on the agenda to be discussed.

BEDA response: We are using the Zoom platform to give all access and the ability to interact. We use Election Runner voting software to enable voting to take place.

  • The means of communication must give the member of the meeting the right to actively participate in the deliberations and to ask questions, unless the governing body justifies when convening the meeting why the company or association does not have such electronic means of communication at its disposal. However, this exception will only apply until 30 June 2021.

BEDA response: Our meeting is held on the Zoom platform with its embedded functionality to enable interaction. The BEDA President chairs the meeting to guide the proceedings and optimise the participation of the members.

(*The information used here has been summarised from the website of https://www.moore.be/en)


BEDA General Assembly 2021

To register to attend, register to vote and nominate a candidate for the position of BEDA Vice President 2021-2023, login to the BEDA TOOLBOX HERE