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LCA backs corporate tech take-up in submission to Treasury

The Law Council of Australia has thrown its support for key amendments to the Corporations Act revolving around the use of technology in corporate meetings.

user iconEmma Musgrave 16 September 2021 Big Law
Dr Jacoba Brasch QC
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The LCA has backed key amendments to the Corporations Act in its submission to Treasury in response to the Exposure Draft – Treasury Laws Amendment (Measures for Consultation) Bill 2021: Use of technology for meetings and related amendments. The submission was prepared with the assistance of the Business Law Section and the Law Council’s modernising document execution working group.

 
 

Specifically, the LCA has backed amendments that seek to facilitate “the sending of documents to members by electronic means, holding hybrid meetings which are partly physical and partly virtual, or holding virtual-only meetings where they are required or permitted by the company’s constitution”.

It also supported amendments that will ensure that members have the right to ask questions and make statements at the virtual component of meetings orally as well as in writing.

“During the pandemic, we have seen the benefits and opportunities offered by technology. People have been able to work remotely, share documents, and collaborate via videoconferencing. It has enabled many sectors, including our courts, to continue operating when they may otherwise have been unable to,” LCA president Dr Jacoba Brasch QC said.

“When it comes to corporate meetings and document distribution and execution, technology can potentially increase access for all Australians and reduce delays. But there are also risks and we must make sure legislation protects against any possible misconduct or disadvantage due to unequal access to new technologies.”

Dr Brasch added: “While the support indicated in our submission is to amendments to the Corporations Act and for business meetings and documentation only, the last 18 months has clearly highlighted the pressing need for document execution laws to be modernised and harmonised more broadly where possible.

Emma Musgrave

Emma Musgrave

Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.

Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences. 

Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.

She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University. 

Email Emma on: This email address is being protected from spambots. You need JavaScript enabled to view it. 

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