Practical issues on remote execution and decision making

During the crisis schemes will need to be able to make decisions and execute documents remotely.  To prepare for this, schemes should:

• ensure their governing documentation allows remote board and committee meetings
• ensure an alternate chair will be available and will be permitted to act under the scheme’s governing rules, and, if relevant, the articles of the trustee company
• discuss delegations and ensure those which are needed are in place
• ensure that all trustees have the ability to access documents online and, ideally, to print and scan (post / couriers may not be available or practical)
• consider how different types of documents may be executed during the period, remembering that not everyone may be available at all times. Where possible, provide additional individuals with written authorisation to execute documents should the usual persons become unavailable. Where the document in question will be a deed, a power of attorney would be required
• put a simple procedure in place for trustees to record their status so it is clear at any time who is available to sign documents or provide authorisation.

Please speak to your usual Sackers’ contact for advice on how to comply with the legal requirements for execution of documents. Particular issues include the correct process for use of electronic signatures and witnessing.