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Management company AGM

  • 05-08-2020 7:48pm
    #1
    mvt
    Registered Users, Registered Users 2 Posts: 478 ✭✭


    Hi

    Would anyone know if it is legal requirement for a management company to have a physical location to hold their AGM?
    I know one has to be held yearly but given the times we are in I was wondering can it be held online, like on zoom for example.


Comments

  • #2
    jd
    Registered Users, Registered Users 2 Posts: 5,709 ✭✭✭jd


    There was a recent bill passed that will allow online meetings for AGMs. I'm not sure whether it has commenced yet.
    https://www.mhc.ie/latest/insights/general-scheme-of-the-companies-and-industrial-and-provident-societies-covid-19-amendment-bill-2020


  • #3
    mvt
    Registered Users, Registered Users 2 Posts: 478 ✭✭mvt


    Thanks a lot for that- much appreciated.


  • #4
    jd
    Registered Users, Registered Users 2 Posts: 5,709 ✭✭✭jd


    Leo signed the commencement order today.


  • #5
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    Even before this Bill an agm could be held via zoom and be in line with the OMC constitution once there is a physical location and a quorum present at that location.


  • #6
    jd
    Registered Users, Registered Users 2 Posts: 5,709 ✭✭✭jd


    Baby01032012 wrote: »
    Even before this Bill an agm could be held via zoom and be in line with the OMC constitution once there is a physical location and a quorum present at that location.
    It's on a firmer legal footing, particularly if the meeting is contentious.


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  • #7
    the_syco
    Registered Users, Registered Users 2 Posts: 37,305 ✭✭✭✭the_syco


    jd wrote: »
    It's on a firmer legal footing, particularly if the meeting is contentious.
    I'd wonder would this allow people to record AGMs easier?


  • #8
    Del2005
    Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    the_syco wrote: »
    I'd wonder would this allow people to record AGMs easier?

    There was nothing stop you recording the AGM before. Using a camera would have been a potential issue as people could see it but in Ireland only one party has to agree to recording to be legal, so you could have your phone/Dictaphone in your pocket and record away. But if you don't trust the minute taker a better solution is to replace them.


  • #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Del2005 wrote: »
    There was nothing stop you recording the AGM before. Using a camera would have been a potential issue as people could see it but in Ireland only one party has to agree to recording to be legal, so you could have your phone/Dictaphone in your pocket and record away. But if you don't trust the minute taker a better solution is to replace them.

    One party consent is all that is necessary to record a conversation where you are one of the parties, but a private meeting where you are recording the conversation between others may not be as clear cut I would have thought.


  • #10
    Del2005
    Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    Dav010 wrote: »
    One party consent is all that is necessary to record a conversation where you are one of the parties, but a private meeting where you are recording the conversation between others may not be as clear cut I would have thought.

    An AGM isn't a private meeting and by law there should be minutes kept and sent to the other owners. So recording an AGM/EGM is OK.


  • #11
    DubCount
    Registered Users, Registered Users 2 Posts: 1,092 ✭✭✭DubCount


    Del2005 wrote: »
    An AGM isn't a private meeting and by law there should be minutes kept and sent to the other owners. So recording an AGM/EGM is OK.

    Recording people, without notifying them in advance? Not sure data protection would be happy with that.


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  • #12
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    DubCount wrote: »
    Recording people, without notifying them in advance? Not sure data protection would be happy with that.

    Inform them in the notice of the agm and at the start of the meeting. Recording for the purposes of keeping minutes of the proceedings has nothing to do with Gdpr.


  • #13
    Del2005
    Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    DubCount wrote: »
    Recording people, without notifying them in advance? Not sure data protection would be happy with that.

    Data protection is a joke. Check out YouTube, Instagram etc and see how many peoples data has been uploaded in the last few minutes in complete violation of GDPR. Look at your neighbours house to see how many are illegally recording public areas with their CCTV.

    Which does not make any difference to the fact that only 1 party needs to agree to a recording in Ireland. It's what you do with it afterwards that could be a data protection issue. IMO having a recording of a meeting to review at a later time is a valid reason to keep it the data.


  • #14
    MaudL
    Registered Users, Registered Users 2 Posts: 231 ✭✭MaudL


    Out of curiosity, how would the voting happen practically speaking?


  • #15
    Caranica
    Registered Users, Registered Users 2 Posts: 10,141 ✭✭✭✭Caranica


    Has anyone attended an AGM via Zoom?


  • #16
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    Caranica wrote: »
    Has anyone attended an AGM via Zoom?

    Yes


  • #17
    markpb
    Registered Users, Registered Users 2 Posts: 9,342 ✭✭✭markpb


    Baby01032012 wrote: »
    Yes

    Mine was on Zoom this year too.


  • #18
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    As I said on this thread before they could be held in line with the memo and arts by having the quorum physically present in one location. More recently a bill was passed to fully allow virtual agms.


  • #19
    Caranica
    Registered Users, Registered Users 2 Posts: 10,141 ✭✭✭✭Caranica


    How did they go? More people than usual? How did you manage with people talking over each other?


  • #20
    PaulKK
    Registered Users, Registered Users 2 Posts: 2,279 ✭✭✭PaulKK


    Del2005 wrote: »
    Look at your neighbours house to see how many are illegally recording public areas with their CCTV.

    It's not illegal to record public areas as long as the main focus of the footage is someone's private property and the data is handled appropriately.


  • #21
    markpb
    Registered Users, Registered Users 2 Posts: 9,342 ✭✭✭markpb


    Caranica wrote: »
    How did they go? More people than usual? How did you manage with people talking over each other?

    Really well, much better than I expected! We used MS Teams which has a feature that allows you to signal that your want to talk. The chair covered each point in the agenda and then ran through a list of people who had their hands up to talk. Everyone was generally respectful of that.

    There was the same level of engagement as usual, maybe even more and most people seemed happy.

    The only problems I noticed were people on iOS devices couldn’t find the feature to indicate that they wanted to talk and, as always, there was at least one person who didn’t bother to go on mute for ages so we listened to the accounts with Eastenders in the background.


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