Q: Our organization is scheduled to have our Annual Meeting soon and we’re looking to take it virtual. The bylaws does not allow for virtual annual meetings.  I saw that Governor Cuomo’s Executive Order suspended relevant sections of the Business Corporation Law to allow virtual shareholder meetings, but I have not seen similar for NY NFP Corps. Is there anything from the state about a NFP’s ability to hold a virtual Annual Meeting?

A: Certainly these are unprecedented times. The business of our associations must continue and meeting online is appropriate. Executive Order 202.18 covers this: “Section 603(b) of the Not-for-Profit Corporation Law to the extent necessary to permit annual meetings of members to be held remotely or by electronic means.” This information relates specifically to NYS Corporations. Organizations incorporated elsewhere should check their state’s specific laws to be sure they’re allowed.

Question answered by:

 

Ralph Vasami, Esq
President, Kellen