Legal Question in Business Law in California

Tape Recording of Meetings

May a board of directors, or council members, of a non-profit organization tape record its meetings? This is not done in a surreptitious manner -- the tape recorder is setting out on the table, in plain view of all those present, and every one attending is asked to speak up, state their name before speaking for clarity, and is, in lieu of the secretary making notes at the meeting. The tape recording of the meeting will be later reviewed for the preparation of minutes. The tape recording is then erased and reused at another meeting. This is most often the process when the secretary is not present but, sometime occurs when the secretary of the meeting also is involved with the discussion of the members at the meeting and helps to ensure that accurate records are kept.


Asked on 4/29/98, 1:39 pm

2 Answers from Attorneys

Steven Levy Law Office of Steven R. Levy

Taped Board Meetings

Taping would generally be acceptable. HOWEVER, it would not elimnate or substitute for the need to keep written minutes of the meeting and all present should acknowledge, as part of the tape recording that it is being recorded with their permission.THIS INFORMATION IS BASED ON GENERAL PRINCIPLES OF LAW AND IS PROVIDED AS A COURTESY ONLY. THIS IS NOT INTENDED TO, AND DOES NOT CREATE AN ATTORNEY-CLIENT OR OTHER ONGOING RELATIONSHIP. YOU SHOULD SEEK THE ADVICE OF AN EXPERIENCED ATTORNEY AS SOON AS YOU HAVE ANY LEGAL QUESTION. DELAY, FAILURE TO ACT, OR IMPROPER ACTS CAN RESULT IN A COMPLETE LOSS OF LEGAL RIGHTS.

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Answered on 5/19/98, 11:30 pm
Ken Koury Kenneth P. Koury, Esq.

yes, it is legal with consent of all parties

As long as it is not done secretly and all people being recorded know about it and do not object you are breaking no laws.

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Answered on 5/19/98, 11:39 pm


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