Comparison View

Formal Consolidation |  2006 RevEd
Electronic transmission of documents
387B.—(1)  Where any accounts, balance-sheet, report or other document is required or permitted to be given, sent or served under this Act or under the memorandum or articles 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 document may be given, sent or served using electronic communications to the current address of that person.
[5/2004]
(2)  For the purposes of this section, a document shall also be treated as given or sent to, or served on a person where —
(a)the company and that person have agreed in writing to his having access to documents on a website (instead of their being sent to him);
(b)the document is a document to which that agreement applies;
(c)the document is published on the website such that it is or can be made legible; and
(d)that person is notified, in a manner for the time being agreed for that purpose between him and the company, of —
(i)the publication of the document on that website;
(ii)the address of that website; and
(iii)the place on that website where the document may be accessed, and how it may be accessed.
[5/2004]
(3)  Where any provision of this Act or of the memorandum or articles of the company requires any document to be given or sent to, or served on a person not less than a specified number of days before a meeting, that document, if treated in accordance with subsection (2) as given or sent to, or served on any person, shall be treated as given or sent to, or served on the person not less than the specified number of days before the date of a meeting if, and only if —
(a)the document is published on and remains accessible to that person from the website throughout a period beginning before the specified number of days before the date of the meeting and ending with the conclusion of the meeting; and
(b)the notification given for the purposes of subsection (2)(d) is given not less than the specified number of days before the date of the meeting.
[5/2004]
(4)  Nothing in subsection (3) shall invalidate the proceedings of a meeting where —
(a)any document that is required to be published and remain accessible as mentioned in paragraph (a) 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 document throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid.
[5/2004]
(5)  A company may, notwithstanding any provision to the contrary in its articles, take advantage of subsection (1), (2), (3) or (4).
[5/2004]
[UK, 1985, s. 238]
Informal Consolidation | Amended Act 36 of 2014
Electronic transmission of documents
387B.—(1)  Where any accounts, balance-sheet, financial statements, report or other document 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 document may be given, sent or served using electronic communications to the current address of that person.
[Act 36 of 2014 wef 03/01/2016]
(2)  For the purposes of this section, a document shall also be treated as given or sent to, or served on a person where —
(a)the company and that person have agreed in writing to his having access to documents on a website (instead of their being sent to him);
(b)the document is a document to which that agreement applies;
(c)the document is published on the website such that it is or can be made legible; and
(d)that person is notified, in a manner for the time being agreed for that purpose between him and the company, of —
(i)the publication of the document on that website;
(ii)the address of that website; and
(iii)the place on that website where the document may be accessed, and how it may be accessed.
[5/2004]
(3)  Where any provision of this Act or of the constitution of the company requires any document to be given or sent to, or served on a person not less than a specified number of days before a meeting, that document, if treated in accordance with subsection (2) as given or sent to, or served on any person, shall be treated as given or sent to, or served on the person not less than the specified number of days before the date of a meeting if, and only if —
(a)the document is published on and remains accessible to that person from the website throughout a period beginning before the specified number of days before the date of the meeting and ending with the conclusion of the meeting; and
(b)the notification given for the purposes of subsection (2)(d) is given not less than the specified number of days before the date of the meeting.
[5/2004]
[Act 36 of 2014 wef 03/01/2016]
(4)  Nothing in subsection (3) shall invalidate the proceedings of a meeting where —
(a)any document that is required to be published and remain accessible as mentioned in paragraph (a) 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 document throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid.
[5/2004]
(5)  A company may, notwithstanding any provision to the contrary in its constitution, take advantage of subsection (1), (2), (3) or (4).
[5/2004]
[Act 36 of 2014 wef 03/01/2016]
[UK, 1985, s. 238]