Page 163 - Albanian law on entrepreuners and companies - text with with commentary

iv) has a family relationship with a natural person referred to in points (i) to (iii).

Again, the standard of this Directive is applied to all forms of JSCs and to LLCs (cf.
Article 85).

2. As regards the amended Article 140 (3), Law No. 129/2014 has made in the case of
JSCs the same amendments as those made in Article 85 (3) in the case of LLCs. The
Comments under Article 85 above therefore apply to this amendment too.

Article 141
Participation in the General Meeting
(1) The Statute or the General Meeting can establish by-laws concerning its
procedure. The decision in this regard requires a three-quarter majority of the basic
capital represented during the General Meeting in accordance with Article 145.
(2) Unless otherwise established by the Statute or the by-laws, the General Meeting
shall elect a chairman.
(3) During the General Meeting, a list of participating and represented
shareholders as well as their representatives shall be drawn up, all with their names and
residence and with the nominal value and class of shares and the number of votes
carried by them. The list must be put at disposal of the attending shareholders or
representatives and signed by them.
(4) Shareholders may make any decision they are entitled to make under this law
or the Statute by unanimous agreement provided that agreement is evidenced in writing.

Article 142
Participation by Electronic Means
(1) The Statute may provide that absentee shareholders are allowed to participate
in the General Meeting via correspondence including electronic means, if identification
of the shareholders is guaranteed.
(2) Electronic means includes:
a) real-time transmission of the General Meeting;
b) real-time two-way communication enabling shareholders to address the General
Meeting from a remote location;
c) a mechanism for casting votes, whether before or during the General Meeting,
without the need to appoint a proxy holder who is physically present at the meeting.
(3) The use of electronic means for the purpose of enabling shareholders to
participate in the General Meeting may be made subject only to such requirements and
constraints as are necessary to ensure the identification of shareholders and the security
of the electronic communication, and only to the extent that they are proportionate to
achieving those objectives.

162