In a word: yes. For me the way that a Secretary's notes would be viewed/treated in litigation is exactly the same as for a director, or indeed for anyone else attending (e.g. as a guest) at a board meeting. ICSA published a guidance note on minute taking in September 2016 which covers all these issues ...

I am also not in favour of recording board meetings. All comments relating to this position are relevant. However the situation of discovery of the Secretary's notes taken at the board meeting has not been raised. If there is an argument for deleting recordings after the minutes have been confirmed, ...

Amy, if you feel able to share a copy of your final policy document in this forum I for one would be very interested to see it. ------------------------------ Bruce Manford Barnet ------------------------------

Again, speaking only for my own jurisdiction, if a director keeps notes solely in longhand on his personal copy at home, even they would have to be produced in litigaiton. If such notes or secondary materials exist anywhere and are relevant, they will always need to be produced by the comapny, through ...

Hi Jill, these are great points, thank you for sharing them. I agree that the conversation and tone of meeting would inhibit the discussions and debate that you hope to have a meeting and by not using it, you allow for the conversation to happen organically. Thanks! ------------------------------ Amy ...

well said Suzyo! I agree with your last sentence completely. I don't feel we are moving in the direction of recording our meetings and I hope the cautions provided by others in this post help others to determine it isn't the best path to move down. Thanks! ------------------------------ Amy Bott -- ...

Hi Bruce I really appreciate the details you have provided here and I am going to share this with my team, who are both lawyers (I am not) :) I hope that is okay with you! I am not well versed in our Act, but they are and if there is anything to add prior to me sharing the final outcome of our findings ...

HI Simla, You have raised an interesting aspect of meetings with the use of recording them. That is not something we have done in the past nor do I believe have we thought to ensure that is noted in the policy that it wouldn't be allowed by directors. I will be sure to make a note of this for us to ...

Hi Bruce, I will be sure to post what I can after it is developed and approved. Our policy is that only the signed minutes are the record too and the hope with the new policy will be to have better guidance to directors on what they should keep or shouldn't keep to protect them as well. Thanks. ------------------------------ ...

I agree with Jill and Bruce who have both expressed reservations on the the retention of recordings of board proceedings. Another problem could be that the principle of collective responsibility could be compromised when you now have the individual thoughts and statements made by Directors on record. ...