Every society needs to conduct a General Meeting annually (AGM) where audited financial reports are presented and officers are elected. Failure to hold this meeting is a criminal offence. In light of the restrictions put in place on physical gatherings, the Registrar-General of Societies gazetted an advisory on how to conduct virtual/hybrid meetings dated 12th August 2020.
A virtual meeting is where all participants are online, while a hybrid meeting is where some participants are online and some are present in person. The following are steps for a virtual or hybrid meeting:
Steps
- Prepare a 21 day notice for an AGM and 7 day notice for a Special General Meeting (SGM) and share with the Registrar of Societies.
- The notice should include: the agenda, whether it’s an AGM or SGM, whether it’s a virtual or hybrid meeting, technology to be used, and location if a hybrid meeting.
- Prior to the meeting the secretary in consultation with the Chairperson ensures that the technological requirements are communicated to the members; that the facilitator is identified to the members; and that meeting procedures are communicated to the members.
- The meeting is quorate when 2/3rds of the members are present for an AGM and 1/3rd are present for an SGM.
- The chairperson and secretary shall handle all procedural requirements during the meeting.
- Voting is be done electronically using the virtual platform.
- Minutes of the meeting are reduced into writing after the meeting.
- Where a resolution from the meeting needs to be submitted to the registrar, the society shall submit in addition to the normal requirements, video proof of the decision and a list of members in attendance.
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Harry Karanja is an Advocate of the High Court of Kenya with diplomas in Communication, IT and Consultancy and 13 years experience in commercial law and dispute resolution.
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