As indicated in an earlier publication (here), by a law of 23 September 2020 published the same day in the legislative journal, Mémorial A (the “Law of 23 September 2020“), the Luxembourg Parliament again extended the option for companies to hold their general shareholder and other corporate body meetings without physical presence until the end of 2020.

To take into account the current context of the increasing number of coronavirus infections, the legislative body amended the Law of 23 September 2020 twice (by a law of 29 October 2020, here, and by a law of 25 November 2020, here) and in the consolidated version (available here), companies and certain other legal persons such as those set forth in  Article 2 of the new law (non-profits (ASBL), EIGs, EEIGs, etc.) have the option of holding general meetings and meetings of other legal or statutory bodies, without having to physically attend, notwithstanding any contrary provision in its articles (or in the absence of such a provision) through 30 June 2021.

To learn more about the provisions and modalities for holding meetings without physical presence, we invite you to consult our article on the Law of 20 June 2020 here (this law was repealed, but the provisions and modalities for holding meetings without physical presence were included in the Law of 23 September 2020, as amended).

It should also be noted that in its 25 November 2020 amendment, the consolidated version of the Law of 23 September 2020 also extended its scope of applicability for the holding to meetings without physical presence to security institutions, the architect and consulting engineer associations, mutual insurance associations, the Luxembourg and Diekirch bar associations and the notary and bailiff chambers.

We also invite you to consult our web page dedicated to COVID-19, (which includes direct links to the various laws and regulations, as well as our articles and Webinars).

By Jean-Philippe FRANCOIS, Counsel.