Birmingham, AL asked in Business Law for Alabama

Q: Under Alabama Code 10A, is the Board of Directors of a Non-Profit Corporation legally able to vote by email? Explain.

If the answer is no, please explain why it would not be allowed, what the issues would potentially be with email voting. Likewise, if the code does allow email voting, please explain which subsections can be interpreted as such, and what the protocol for such voting would be, i.e., how would a quorum be established; would 10 days' notice to the Directors of the Board as to the nature of the vote be required along with a date set for the email voting to take place; would opportunity for discussion by group email regarding said vote need to be expressly stated; would all Directors need to be in copy of all subsequent email correspondence before the vote to ensure fair and open discussion did occur; would a signed email transcription (signed electronically or manually) by each Director representing a quorum be required in place of minutes; are there other considerations that apply to in-person meetings that need to be repilcated for email votes?

Related Topics:

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.