This is the first article in a series that will focus on issues
that are commonly encountered by Cayman Island companies listed in
Hong Kong. This article looks at some common issues that come
up at extraordinary general meetings (EGMs).
Extraordinary General Meetings
Electronic communications
One of the reoccurring issues that has arisen over the past 2
years is whether listed companies can hold virtual meetings, or
hybrid meetings, to address social distancing restrictions.
The Cayman Islands Companies Act (2022 Revision) (Act)
is silent on the question of whether an electronic/virtual meeting
of members is permissible. In other words, there is (as yet)
no provision equivalent to s.360A(1) of the English Companies Act,
2006 which makes clear that “nothing … is to be
taken to preclude the holding and conducting of a meeting in such a
way that persons who are not present together at the same place may
by electronic means attend and speak and vote at it”.
