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What Does the Law Say About Online Meetings?
If you are the president, secretary, or officer of an association, you’ve probably asked yourself: “What if I hold an online vote and someone manipulates the results or my data is leaked?”
The answer is yes, but there are some rules that must be followed.
To start, you should review your association's bylaws. If they already allow for virtual or hybrid meetings, great! If not, it’s advisable to update them to avoid legal issues.
The law allows online meetings, provided that participants’ identities are verified, their right to speak and vote is ensured, and the decisions are properly recorded. In the U.S., this is generally governed by state nonprofit corporation laws, which typically allow virtual meetings if the bylaws permit them. It is also important to comply with data protection and cybersecurity regulations, such as state privacy laws and best practices for secure online communications.
In other words, it can be done, but it must be done in compliance with certain criteria.
Requirements for a Meeting to Be Legally Valid
To ensure your online meeting is legally valid, simply opening a Zoom call is not enough. Here’s what you need to know:
- Clear and timely notice: Send the invitation to all members in accordance with the timelines set by your bylaws. Include the date, time, agenda, and the meeting link. Clarity helps prevent confusion and delays.
- Everyone must be able to participate: Ensure that every member can join and speak. This includes providing technical support for those who are not familiar with the technology. No one should be excluded due to lack of digital skills.
- Identification and Attendance Recording: It is essential to know who is participating and how they vote. This can be achieved using platforms that provide reliable identification and secure vote recording.
- Digital minutes: The minutes serve as the “certificate” of what was decided. They should reflect the agreements, quorum, and votes, and be securely stored, preferably with an electronic signature..
How to Ensure Secure Online Voting
The most critical moment of the meeting is the vote. To make it secure and reliable:
- Each vote must remain secret and protected to prevent any manipulation.
- The platform must generate a verifiable record to audit the results.
- All members must be able to vote, including older adults or those with less digital experience.
With these measures, your vote will be legal, secure, and accessible. Kuorum is designed so that no one is excluded and every vote is reliable.
Practical Tips to Ensure Everything Goes Smoothly
- Review your bylaws: Make sure they mention the possibility of online meetings and voting.
- Choose the right platform: Pick a secure platform, that is easy to use and offers human support, like Kuorum. Avoid last-minute technical complications.
- Communicate and support your members: Explain how to connect, what to expect, and offer help if needed. Technology should not be a barrier.
- Document everything: Minutes, quorum and results are your best legal safeguard.
Conclusion
Online meetings are valid as long as you follow the rules and ensure that all members can participate. Beyond legality, they enable secure, reliable and fully accessible online voting, enhance participation, and save time and costs.
If you want to organize online meetings and voting without complications, contact Kuorum for a demo and discover how our platform can help you manage your meetings in legally, inclusively, and effortlessly.
