We have recently been asked by several clients whether an
organization, be it a condominium corporation, non-profit
organization or share capital corporation, can host its annual
general meeting (AGM) virtually in light of the current Manitoba
public health restriction on indoor gatherings in excess of 25
people.
The Corporations Act (Manitoba) does allow for virtual
AGMs provided that a corporation's by-laws specifically
contemplate the possibility. As we have all heard, the current
pandemic is "unprecedented" so it is not surprising that
most organizations' by-laws do not contain the required
provisions.
Similarly, The Condominium Act (Manitoba) provides that
a condominium corporation may, by by-law, allow for virtual
attendance at AGMs if a communication system is provided that
allows for concurrent participation by all unit owners. Again,
however, most condominium corporation by-laws do not contemplate
virtual AGMs.
