§ 387A — Electronic transmission of notices of meetings

387A.—(1) Where any notice of a meeting is required or permitted to be given, sent or served under this Act or under the constitution of a company by the company or the directors of the company to —(a)

a member of the company; or

(b)

an officer or auditor of the company,

that notice may be given, sent or served using electronic communications to the current address of that person.

[36/2014]

(2) For the purposes of this section, a notice of a meeting is also treated as given or sent to, or served on a person where —(a)

the company and that person have agreed in writing that notices of meetings required to be given to that person may instead be accessed by the person on a website;

(b)

the meeting is a meeting to which that agreement applies;

(c)

the notice is published on the website such that it is or can be made legible;

(d)

that person is notified, in a manner for the time being agreed between the person and the company for the purpose, of —(i)

the publication of the notice on that website;

(ii)

the address of that website; and

(iii)

the place on that website where the notice may be accessed, and how it may be accessed; and

(e)

the notice continues to be published on and remains accessible to that person from that website throughout the period beginning with the giving of that notification and ending with the conclusion of the meeting.

(3) For the purposes of this Act, a notice of a meeting treated in accordance with subsection (2) as given or sent to or served on any person is treated as so given, sent or served at the time of the notification mentioned in subsection (2)(d).

(4) A notice of a meeting given for the purposes of subsection (2)(d) must specify such matters or information as may be required for a notice of that type under any other provision of this Act or the constitution of that company.[36/2014]

(5) Nothing in subsection (2) invalidates the proceedings of a meeting where —(a)

any notice of a meeting that is required to be published and remain accessible as mentioned in paragraph (e) of that subsection is published and remains accessible for a part, but not all, of the period mentioned in that paragraph; and

(b)

the failure to publish and make accessible that notice throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid.

(6) A company may, despite any provision to the contrary in its constitution, take advantage of subsection (1), (2), (3), (4) or (5).[36/2014]

(7) For the purposes of this section and section 387B, the current address of a person of a company, in relation to any notice or document, is a number or address used for electronic communication which —(a)

has been notified by the person in writing to the company as one at which that notice or document may be sent to the person; and

(b)

the company has no reason to believe that that notice or document sent to the person at that address will not reach the person.

—(1) Where any notice of a meeting is required or permitted to be given, sent or served under this Act or under the constitution of a company by the company or the directors of the company to —(a)

a member of the company; or

(b)

an officer or auditor of the company,

that notice may be given, sent or served using electronic communications to the current address of that person.

[36/2014]

(2) For the purposes of this section, a notice of a meeting is also treated as given or sent to, or served on a person where —(a)

the company and that person have agreed in writing that notices of meetings required to be given to that person may instead be accessed by the person on a website;

(b)

the meeting is a meeting to which that agreement applies;

(c)

the notice is published on the website such that it is or can be made legible;

(d)

that person is notified, in a manner for the time being agreed between the person and the company for the purpose, of —(i)

the publication of the notice on that website;

(ii)

the address of that website; and

(iii)

the place on that website where the notice may be accessed, and how it may be accessed; and

(e)

the notice continues to be published on and remains accessible to that person from that website throughout the period beginning with the giving of that notification and ending with the conclusion of the meeting.

(3) For the purposes of this Act, a notice of a meeting treated in accordance with subsection (2) as given or sent to or served on any person is treated as so given, sent or served at the time of the notification mentioned in subsection (2)(d).

(4) A notice of a meeting given for the purposes of subsection (2)(d) must specify such matters or information as may be required for a notice of that type under any other provision of this Act or the constitution of that company.[36/2014]

(5) Nothing in subsection (2) invalidates the proceedings of a meeting where —(a)

any notice of a meeting that is required to be published and remain accessible as mentioned in paragraph (e) of that subsection is published and remains accessible for a part, but not all, of the period mentioned in that paragraph; and

(b)

the failure to publish and make accessible that notice throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid.

(6) A company may, despite any provision to the contrary in its constitution, take advantage of subsection (1), (2), (3), (4) or (5).[36/2014]

(7) For the purposes of this section and section 387B, the current address of a person of a company, in relation to any notice or document, is a number or address used for electronic communication which —(a)

has been notified by the person in writing to the company as one at which that notice or document may be sent to the person; and

(b)

the company has no reason to believe that that notice or document sent to the person at that address will not reach the person.