Holding of meetings and assemblies: further extension of Ordinance No. 2020-321 until July 31, 2021

The measures taken for the holding of meetings and assemblies to deal with the Covid-19 pandemic are renewed

Ordinance No. 2020-321 of March 25, 2020 , taken pursuant to Article 11 of Emergency Law No. 2020-290 of March 23, 2020 to deal with the Covid-19 pandemic, allowed companies to adapt their rules for convening and informing partners, as well as their rules for participation and deliberation of meetings and governing bodies of legal persons and entities without legal personality under private law, during this exceptional period.

This ordinance notably allowed companies to hold a meeting behind closed doors and to generalize the use of videoconferencing or written consultation of partners , including for annual general meetings for the approval of accounts.

Since March 2020, the government has continued to extend the application of these exceptional provisions due to the maintenance of " administrative measures limiting or prohibiting travel or collective gatherings for health reasons" hindering the physical presence members at the assembly or meeting concerned.

By order no. 2020-1497 of December 2, 2020 , supplemented by implementing decree no. 2021-255 of March 9, 2021, the provisions of order no. 2020-321 of March 25, 2020 are now applicable to general meetings and meetings of the collegial administrative, supervisory and management bodies held until July 31, 2021 .

This order is therefore applicable to all annual general meetings for the approval of the accounts intended to be held until July 31, 2021.

On the other hand, the three-month extension of the period during which the annual general meeting to approve the accounts was to take place was not maintained, for lack of extension of Ordinance No. 2020-318 of March 25 2020.

Thus, for all the closings that took place on December 31, 2020, the approval of the accounts must take place within six months following the closing of the accounts in application of the Commercial Code (SARLs (art. L 223-26) and EURL (art. L 223-31, al. 2), SAs (art. L. 225-100-I, al. 1), SNCs (art. L 221-7 al. 1) and SASUs (art. L 227-9, paragraph 3))