التصويت الإلكتروني في اجتماعات مجلس إدارة الشركة المساهمة في القانون الليبي

Abstract

Abstract: Technological progress in the fields of communications and information systems has made electronic means a key component of corporate governance. Therefore, many legislations have moved to keep pace with this development by amending company or commercial laws to explicitly mandate the use of these means for holding general assemblies and boards of directors meetings and voting on their decisions remotely. Libyan legislators, however, took a different approach by issuing the Electronic Transactions Law, which permitted electronic transactions between natural or legal persons, without explicitly providing for an electronic voting system in joint-stock companies. Meanwhile, the governance regulations for joint-stock companies, governed by the Commercial Activity Law, recognized the possibility of holding board meetings using modern means. Therefore, this analytical study attempts to trace the Libyan legislator's approach to the issue of the electronic voting system for the board of directors of joint-stock companies, and its adequacy and validity as a framework and legal basis for implementing this system.