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Q&A on Virtual Meeting for Malaysia Companies
| Q: |
Can a Malaysian company conduct a General Meeting virtually? |
| A: |
Yes, if it is permitted under the constitution of the company. Pursuant to Section 327(1) of Companies Act 2016, a company can conduct a virtual general meeting at more than one venue using any technology that enables the members to discuss strategic topic. |
| Q: |
Is a physical venue required for a fully virtual meeting? |
| A: |
No, a private company may conduct a fully virtual meeting, the venue of the virtual meeting can be the URL web address registered with MYNIC Berhad, physical address of the domain registrant or the physical address of the Chairman in Malaysia. The company is required to prove that the online meeting platform is in Malaysia or the physical address of the domain registrant is in Malaysia. |
| Q: |
Can shareholders vote and ask questions during a virtual meeting? |
| A: |
Yes. The purpose of conducting a meeting of members is to provide shareholders with the opportunities to ask question, discuss strategic topic and vote on the resolutions being proposed. The shareholders can vote during the meeting by show of hands or by poll. |
| Q: |
What documents should be prepared before the virtual meeting? |
| A: |
Here are the core documents to prepare before starting the virtual meeting:
In addition, an administrative guide for the virtual meeting can also be prepared to provide shareholders with clear instructions on the meeting arrangements, including how to access and join the virtual meeting platform, participation procedures, and other relevant guidelines. |
| Q: |
When is a virtual meeting considered quorate? |
| A: |
A virtual meeting is considered quorate when the minimum number of participants required under the Companies Act 2016 and/or the Company’s Constitution are present at the time the meeting proceeds to business. The statutory minimum quorum is one (1) for a single member company and two (2) for other companies. |