Statutory provisions which will become part of the Companies Ordinance of Hong Kong from 28 April 2023
A company incorporated in Hong Kong may hold a general meeting (i.e., a meeting of its shareholders/members):
- at a physical venue;
- by using virtual meeting technology; or
- both at a physical venue and by using virtual meeting technology (i.e., hybrid mode),
unless the company’s articles expressly preclude the holding of a general meeting by using virtual meeting technology or require a general meeting to be held only at a physical venue. Where the articles contain a provision that refers to a place for conducting a general meeting or requires a notice of general meeting to specify the physical venue of the meeting, such provision would not prohibit the company from holding a virtual or hybrid meeting.
Currently, the law allows a Hong Kong company to hold a general meeting at two or more physical places. So, combined with the new provisions, a general meeting may be held at more than one physical place and via virtual meeting technology at the same time.
Technology to be used for holding fully virtual or hybrid meetings must allow participants to listen, speak and vote at the meetings.
Notice of a general meeting shall be given to all members in hard copy form or in electronic form, or by making the notice available on a website, or partly by one of those means and partly by another. The notice should include the virtual meeting technology to be used at the virtual or hybrid general meeting.