COVID-19: Corporate Governance And Practical Implications For Decision-Making

Most modern constitutions will allow Board and Committee meetings to be held electronically, and provide for written resolutions of both Board and shareholders.

However, some older documents will not have such a provision and Articles of Association should be checked carefully to ensure this can be done.

Quorum provisions (the minimum number of participants required for a valid meeting) should be reviewed to ensure that valid decisions can be taken by the available number and, if not, amended as quickly as possible. Remember alternates can usually be appointed as necessary.

Joint ventures with specific governance rules need careful working through, and it is always worth considering a specific disaster recovery plan for what happens if one of the key parties becomes unavailable.