Everything You Need to Know About the Scrutineer in a General Meeting

A General Meeting (AG) is a pivotal moment for organizations. Among deliberations, discussions, and votes, crucial decisions are often made during this meeting. This is why certain individuals are appointed to ensure the smooth running of an AG. These individuals, known as scrutineers, play a vital role in the success of the meeting. Let’s explore everything you need to know about the role of a scrutineer in a General Meeting.

What is the Role of a Scrutineer in a General Meeting?

The role of the scrutineer in a General Meeting is defined in Article 1844-5 of the Civil Code, which states that a scrutineer is “a person appointed to attend the general meeting of co-owners and ensure that votes are properly counted.”

In other words, the scrutineer is responsible for ensuring the proper conduct of the vote and the counting of ballots in a general meeting, whether it is for a condominium, company, or other types of organizations. The scrutineer’s primary responsibility is to oversee the voting process. It is crucial for the scrutineer to remain neutral regarding the decisions made during the meeting.

What Are the Responsibilities of the Scrutineer?

Due to their central role in a General Meeting, scrutineers bear a significant amount of responsibility.

1. Ensuring Vote Integrity

As mentioned earlier, one of the main duties of a scrutineer during an AG is to ensure the integrity of the vote. Their tasks include:

• Ensuring that no representative exceeds the 10% vote limit for the co-ownership.

• Verifying that votes are accurately counted.

• Checking that every elector’s vote is recorded properly.

• Ensuring the accuracy of the votes cast.

At the end of the voting session, the scrutineer is responsible for announcing the voting results.

2. Managing the General Meeting and the Agenda

Beyond overseeing the voting process, the scrutineer is responsible for ensuring the smooth progression of the entire meeting and the adherence to the pre-established agenda. They must ensure that debates and deliberations proceed in an orderly manner.

3. Counting Attendees

The scrutineer is also responsible for counting the attendees at the General Meeting. They must create an attendance sheet to confirm the presence of invited participants, including those represented by proxy and remote participants for hybrid AGs.

In the case of quorum violations, the scrutineer must take necessary action to address the issue.

How is the Scrutineer Chosen for an AG?

Like the meeting president, the scrutineer is appointed. Here’s what you need to know about how this person is selected.

1. How Many Scrutineers Are Needed?

The number of scrutineers depends  of the votes to be held. While the appointment of scrutineers is not mandatory, it is often recommended to appoint at least two to share the responsibilities and ensure a double-checking of the operations.

2. Choosing the Scrutineer

The scrutineer is usually appointed but could also be elected at the beginning of the meeting by simple majority.

Who Can Become a Scrutineer?

There is no specific qualification required to become a scrutineer in a General Meeting. What matters most is impartiality and integrity. However, certain competencies are valuable for the role of an effective scrutineer:

• Knowledge of the company’s regulations and bylaws.

• Communication skills to establish clear communication with other members during the meeting.

• Efficiency, especially in counting votes quickly.

• Fairness in each decision made and voted upon.

• The ability to remain calm and resolve conflicts during the meeting.

Frequently Asked Questions About Scrutineers

Are you still wondering about the role of a scrutineer during a general meeting? Here is our Q&A section to help you find the information you’re looking for!