MOSCOW, December 18. The state Duma adopted a law allowing the collegial governing bodies of the NPOs make decisions by correspondence voting.
Currently, for legal entities of different legal forms (joint stock companies, credit cooperatives, etc.) characteristic to this method of meeting the Supreme body of collegial management, as absentee voting.
According to the author of the bill, the heads of the Federation Council Committee on constitutional legislation and state construction Andrei Klishas, this form is “more transparent, as it records the will of each party”, allows to take into account “the voices of a larger number of participants, because the right to vote does not depend on the possibility of personal presence at the meeting, held at a certain time and in a certain place”.
Absentee voting
The law extends to NGOs and the adoption of decisions of the General meeting or meetings of the collegial Supreme governing body by correspondence voting (by poll).
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“Such a vote can be held by exchanging documents by mail, Telegraph, teletype, telephone, electronic or other communication that ensures the authenticity of transferred and received messages and their documentary confirmation”, – stated in the text of the law introducing amendments to the law “On noncommercial organizations”.
The procedure for absentee voting, according to the law, determined by the internal document of the NPO. This document implies the message to all members of NGOs or members of its Supreme management body of the proposed agenda, as well as prescribing accessible by all NSS members before the vote with all necessary materials.
What decisions cannot be taken by poll
At the same time, the authors emphasize that decisions pertaining to the exclusive competence of the Supreme management body of NGOs shall not be accepted by correspondence voting.
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To such questions according to the text of the law, include: determination of priority activities of NGOs, principles of formation and use of its assets; the amendment of the Charter NPOs; determination of procedure for admission to the founders (participants, members) of the NCBs and de-composition of its founders (participants, members), except if such an order defined by Federal laws. To the exclusive competence of senior management NGOs also include the governing bodies of the NPOs and early termination of their powers; approval of the annual report and financial statements; adoption of decisions on reorganization and liquidation of the nonprofit organization.
