Virtual meetings and AGMs

Virtual AGMs are formal meetings of members of an organization, company, association, or community that are held via digital media, such as videoconferencing, online voting tools, and specialized platforms.

At these meetings, important issues can be discussed, collective decisions made, budgets approved, positions elected, or agreements voted on, without the need for all participants to be physically present.

Their purpose is to facilitate participation and allow members to exercise their voting rights remotely, while maintaining the structure and formality of a traditional AGM.

The voting process in a virtual meeting is carried out entirely through a secure digital platform, designed to identify each participant, record their vote, and guarantee the validity of the result.

The usual procedure is as follows:

1. Access and identification: each member logs into the platform with unique credentials. This ensures that only authorized participants can vote.
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2. Opening of voting: when the relevant item on the agenda is reached, the moderator or administrator activates voting within the platform.

3. Casting votes: each participant selects their option directly on their device, whether they are physically present or connected remotely.

4. Automatic and secure recording: the platform records each vote immediately, preventing duplicates and ensuring its integrity. In secret ballots, the system maintains anonymity while preserving the traceability of the count.

5. Closing of voting and real-time results: once the set time has elapsed, the system closes the process and generates the results in real time, reducing human error.

6. Generation of the minutes: the results, together with the participation information, are recorded for inclusion in the official minutes of the meeting.

Three modes of participation can be used in a virtual meeting, but all voting is done through the same digital platform, ensuring a single registration and counting system.

The modes are:

• In-person meeting using a virtual platform: participants are physically gathered in the same place, but they still vote via the virtual platform using an electronic device. Physical presence does not change the voting system, only the participant's location.
• Online meeting: members connect from anywhere and vote directly through the virtual platform during the meeting. This is the most common method for fully remote meetings.
• Mixed AGM: combines participants who are physically present and participants connected remotely, but everyone votes using exactly the same virtual system, ensuring uniformity, traceability, and legal certainty.

In all three methods, the key is that the vote is cast digitally, with voter identification, secure registration, and compliance with the legal and statutory requirements of the organization.

Virtual meetings offer several important benefits:

• Accessibility and participation: members can connect from anywhere, which increases participation and facilitates the inclusion of people who live far away or have limited mobility.
• Time and cost savings: travel and expenses associated with organizing face-to-face meetings are eliminated.
• Flexibility: they allow urgent votes and decisions to be made without depending on the physical availability of all participants.
• Transparency and recording: many platforms allow attendance, votes, and results to be recorded, generating reliable and verifiable minutes.
• Greater attendance and efficiency: by simplifying access, it is easier to meet the necessary quorums and streamline decision-making.

The legal validity of a virtual meeting depends on the applicable legislation and the organization's bylaws:

• In some countries or types of organizations, the law does not expressly regulate virtual meetings, which means that any decision made could be challenged if the legal requirements for participation and quorum are not met.
• For a virtual meeting to be valid, the following is generally required:
  
  1. That the law or statutes explicitly allow for the virtual format, or that all members give their unanimous consent.
  
  2. That the identification and authenticity of voters is guaranteed.
  
  3. That the quorum and majorities required for each type of decision are respected.
  
  4. That the minutes are properly recorded, including participants, votes, and results.

In summary, a virtual meeting may be valid if it complies with legal, statutory, and effective participation requirements; otherwise, there is a risk of challenge.

Not always. Voting can be in person or remote, depending on legislation and statutes:

• In-person voting is mandatory only when explicitly required by law or the bylaws, for example, for bylaw amendments, elections for regulated positions, or secret ballots.
• Remote voting is valid if the following is guaranteed:
  
  1. Identification and authenticity of voters.
  
  2. Integrity and traceability of the vote.
  
  3. Equal participation for all members.
  
  4. Compliance with quorum and majority requirements.

If these requirements are not met, the virtual vote could be challenged.