Electronic transmission in accordance with constitution, etc.
387C.—(1)  Despite sections 387A and 387B, where a notice of meeting or 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 member of the company, that notice or document may be given, sent or served using electronic communications with the express, implied or deemed consent of the member in accordance with the constitution of the company.
[36/2014]
(2)  For the purposes of this section, a member has given implied consent if the constitution of the company —
(a)provides for the use of electronic communications;
(b)specifies the manner in which electronic communications is to be used; and
(c)provides that the member agrees to receive such notice or document by way of such electronic communications and does not have a right to elect to receive a physical copy of such notice or document.
[36/2014]
(3)  For the purposes of this section, but subject to regulations mentioned in subsection (4), a member is deemed to have consented if —
(a)the member was by written notice given an opportunity to elect, within such period of time specified in the notice, whether to receive the notice or document by way of electronic communications or as a physical copy; and
(b)the member failed to make an election within the time so specified.
[15/2017]
(4)  The Minister may make regulations under section 411 —
(a)to exclude any notice or document or any class of notices or documents from the application of this section;
(b)to provide for safeguards for the use of electronic communications under this section; and
(c)without limiting paragraph (b), to provide that a member who is deemed to have consented to receive notices or documents by way of electronic communications may make a fresh election to receive such notice or document as a physical copy and the manner in which the fresh election may be made.
[36/2014]