MUTUAL ASSOCIATIONS AND THE POSTAL VOTE – COMMENT ON THE JUDGMENT OF TRIBUNAL DA RELAÇÃO DE LISBOA OF 19-4-2018 (PROCESS NUMBER 11266/16.54T8LSB-6)

Abstract

Article 72 of Mutualist Association Code establishes that “unless otherwise is provided in the statutes of the mutual association, voting by correspondence is allowed, provided that its meaning is expressly indicated in relation to the item or items on the agenda and the signature of the member is recognized/certified by a notary”. Taking this article in consideration we may ask as to whether the expression” unless otherwise is provided in in the statutes of the mutual association” refers only to the admissibility of voting by correspondence or also to its permission under other conditions than those provided by law, in particular when there is no recognition of signatures by a notary. In this paper, we will reflect on this issue, which in the meantime seems to have also been solved by Article 86 of the new Code of Mutualist Associations, taking in consideration the case decided by the Lisbon Court of Appeal in its judgment of 19-4 -2018 (Case No. 11666 / 16.4T8LSB-6).