The Council of Notaries of Milan has published two maxims on the conduct of meetings of non-profit organizations with means of telecommunications.
The first, in particular, has as its object the holding of meetings of associations without ETS qualification via telecommunication means and provides that "In the absence of a contrary statutory provision, the meetings of the assembly bodies of entities without ETS qualification can be convened and take place by means of telecommunication, even without indication of a physical meeting place, provided that the chairman is allowed to verify the identity of the attendees who participate and vote, in compliance with the collective method”. For the ETS, on the other hand, the art. 24, paragraph 4, of the Third Sector Code subordinates the possibility of holding the meeting by means of telecommunication to an express provision of the statute. According to the Board, however, the clauses that do not require the indication of a physical place of convening are legitimate, so that the meeting can be held exclusively by means of telecommunications, provided that it is possible to verify the identity of the attendees who participate and vote, in the compliance with the collegiate method.
The second maxim instead concerns the holding by means of telecommunication of the meetings of collegiate bodies other than the assemblies of associations, foundations and committees, also having the status of ETS: "In the absence of contrary statutory provisions, the meetings of the collegial bodies of associations, foundations and committees, also equipped with ETS qualification, other than the shareholders' meetings, can take place by means of telecommunication, even in the absence of a physical meeting place, provided that it is possible to verify the identity of the participants who participate and vote, in compliance with the collegiate method ”.
