193.531 Virtual members' meetings and attendance.

(1) Construction and application. This section shall be construed and applied as follows:

(a) To facilitate remote communication consistent with other applicable law.

(b) To be consistent with reasonable practices concerning remote communication and with the continued expansion of those practices.

(2) Virtual members' meetings and attendance. To the extent authorized in the articles or bylaws or, unless prohibited by the articles or bylaws, in a member control agreement, and as determined by the board, a members' meeting may be held such that all members participate in the meeting by a means of communication rather than by being physically present at the meeting. To the extent authorized in the articles or bylaws or, unless prohibited by the articles or bylaws, in a member control agreement, and as determined by the board, a member may participate in a members' meeting at which other members are physically present by a means of communication rather than by being physically present at the meeting. A meeting may be held or a member may participate in a meeting as authorized under this subsection only if the requirements of sub. (4) are satisfied. The number of members physically present at a meeting, if any, shall be added to the number of members otherwise participating in the meeting under this subsection to determine whether a quorum is present under s. 193.525, except that any member who objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened and who fails to participate in the meeting after the objection may not be considered as present at the meeting for purposes of determining whether a quorum is present.

(4) Requirements for virtual meetings and attendance. All of the following apply to any meeting held under sub. (2):

(a) The cooperative shall implement reasonable measures to verify that each person participating in the meeting by a means of communication is a member.

(b) The cooperative shall implement reasonable measures to provide each member participating in the meeting by a means of communication with a reasonable opportunity to actively participate, including an opportunity to do all of the following:

1. Read or hear the proceedings of the meeting substantially concurrently with those proceedings.

2. If allowed by the procedures governing the meeting, have the member's remarks heard or read by other participants in the meeting substantially concurrently with the making of those remarks.

3. If otherwise entitled, vote on matters submitted to the members.

History: 2005 a. 441.