senate Bill S8706

2019-2020 Legislative Session

Relates to providing for the remote conduct of certain practices and procedures relating to board meetings

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 09, 2020 referred to rules

S8706 (ACTIVE) - Details

See Assembly Version of this Bill:
A10768
Current Committee:
Senate Rules
Law Section:
Business Corporation Law
Laws Affected:
Amd §§708 & 602, BC L; amd §§603 & 605, N-PC L; amd §28, Rel Corp L; amd §6, Chap 122 of 2020

S8706 (ACTIVE) - Summary

Provides for the remote conduct of certain practices and procedures relating to board meetings utilizing electronic and/or audio-visual technologies; makes permanent provisions relating to providing for the remote conduct of certain practices and procedures relating to board meetings.

S8706 (ACTIVE) - Sponsor Memo

S8706 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8706

                            I N  S E N A T E

                              July 9, 2020
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the business corporation law, the not-for-profit  corpo-
  ration law, and the religious corporations law, in relation to provid-
  ing  for the remote conduct of certain practices and procedures relat-
  ing to board meetings; and to amend chapter 122 of the laws  of  2020,
  amending  the business corporation law, the not-for-profit corporation
  law, and the religious corporations law relating to providing for  the
  remote  conduct  of certain practices and procedures relating to board
  meetings, in relation to the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b) of section 708 of the business corporation
law, as amended by chapter 122 of the laws of 2020, is amended  to  read
as follows:
  (b) Unless otherwise restricted by the certificate of incorporation or
the  by-laws,  any action required or permitted to be taken by the board
or any committee thereof may be taken without a meeting if  all  members
of  the  board  or the committee consent in writing to the adoption of a
resolution authorizing  the  action.  The  resolution  and  the  written
consents thereto by the members of the board or committee shall be filed
with  the minutes of the proceedings of the board or committee. [For the
duration of the state disaster emergency declared by executive order two
hundred two that began on March seventh, two thousand  twenty,  notwith-
standing]  NOTWITHSTANDING  any  provision  of  law to the contrary, the
written consent of a member  may  be  made  electronically,  where  such
consent  is  submitted via electronic mail, TEXT, OR OTHER SECURED PLAT-
FORM FOR ELECTRONIC COMMUNICATIONS, along with information from which it
can be reasonably determined that the  transmission  was  authorized  by
such member.
  §  2. Paragraph (a) of section 602 of the business corporation law, as
amended by chapter 122 of the laws  of  2020,  is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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