| Statutory
Instrument 2000 No. 3373
SCHEDULE
1 Article 32(1)
Amendment of Table
A
1. Regulation 1 of Table A (interpretation) is amended by inserting the
following definitions at the appropriate places -
" "communication" means
the same as in the Electronic Communications Act 2000, "electronic
communication" means the same as in the Electronic Communications Act 2000".
2.
- (1) Regulation 60 of Table A (appointment of proxy) is amended as
follows. (2) For the words "An instrument appointing"
substitute the words "The appointment of", and omit the words "in
writing,". 3. In regulation 61 of Table
A (instructions to proxy), for the words "instrument appointing" substitute
the words "appointment of". 4. - (1)
Regulation 62 of Table A (lodging of proxy appointment) is amended as follows.
(2) For the words "The instrument appointing"
substitute the words "The appointment of". (3)
In sub-paragraph (a), before the words "be deposited" insert "in
the case of an instrument in writing". (4) After
sub-paragraph (a) insert the following - (5)
In sub-paragraph (b), after the words "be deposited" insert the words
"or received". (6) For the words "and
an instrument of proxy which is not deposited or delivered" substitute "and
an appointment of proxy which is not deposited, delivered or received".
(7) At the end insert the words "In this regulation
and the next, "address", in relation to electronic communications, includes
any number or address used for the purposes of such communications."
5. In regulation 63 of Table A (determination of proxy appointment), after
the word "deposited" insert the words "or, where the appointment
of the proxy was contained in an electronic communication, at the address at which
such appointment was duly received." 6.
For regulation 111 of Table A (form of notices) substitute the following -
"
111. Any notice to be given to or by any person pursuant to the articles
(other than a notice calling a meeting of the directors) shall be in writing or
shall be given using electronic communications to an address for the time being
notified for that purpose to the person giving the notice. In this regulation,
"address", in relation to electronic communications, includes any number
or address used for the purposes of such communications."
7. In regulation 112 of Table A (giving of notices) -
(a) after the words "leaving
it at that address", insert the words "or by giving it using electronic
communications to an address for the time being notified to the company by the
member", (b) after the words "at which notices may be given to him"
insert the words ", or an address to which notices may be sent using electronic
communications," and (c) at the end insert the words "In this regulation
and the next, "address", in relation to electronic communications, includes
any number or address used for the purposes of such communications."
8.
- (1) Regulation 115 of Table A (when notices deemed to be given) is
amended as follows. (2) After the words "notice
was given." insert "Proof that a notice contained in an electronic communication
was sent in accordance with guidance issued by the Institute of Chartered Secretaries
and Administrators shall be conclusive evidence that the notice was given."
(3) After the words "was posted" insert the
words "or, in the case of a notice contained in an electronic communication,
at the expiration of 48 hours after the time it was sent".
SCHEDULE 2 Article
32(2) Amendment
of the Companies (Summary Financial Statement) Regulations 1995
1. The Companies (Summary Financial Statement)
Regulations 1995 are amended as follows. 2.
- (1) Regulation 2 (interpretation) is hereby renumbered regulation
2(1), and the following definitions are inserted at the appropriate places -
" "address"
means the same as in section 262(1) of the Companies Act 1985;
"communication" means the
same as in the Electronic Communications Act 2000; "electronic
communication" means the same as in the Electronic Communications Act 2000;".
(2)
Insert the following paragraph after regulation 2(1) -
" (2) References
in these Regulations to sending an entitled person copies of the full accounts
and reports include sending such copies in accordance with section 238(4A) and
(4B), and references to sending an entitled person a summary financial statement
include sending such a statement in accordance with section 251(2A) and (2B)."
3. In regulation 4 (ascertainment of entitled person's wishes) -
(a) in paragraph (2)(a) omit
the words "in writing", (b) in paragraph (3), after the words "paragraph
(2)(a) above" insert the words "and subject to paragraph (3A) below",
and (c) insert the following paragraph after paragraph (3) -
"
(3A) If a relevant notification is not in writing, it must be contained in an
electronic communication transmitted to the company at an address specified by
or on behalf of the company for that purpose."
4. - (1) Regulation 5 (consultation by notice) is amended as
follows. (2) In paragraph (1) -
(a) for the words "authorised
by the company's" substitute the words "in which the company may send
notices of meetings pursuant to the 1985 Act or its", (b) in sub-paragraph
(a) for the words "in writing" substitute "either in writing or
by sending the notification in an electronic communication to an address specified
for that purpose", and (c) in sub-paragraph (c) omit the word "printed".
(3)
In paragraph (2) - (4)
In paragraph (3), omit the word "printed".
5. - (1) Regulation 6 (relevant consultation) is amended as
follows. (2) In paragraph (2) -
(a) for the words "authorised
by the company's" substitute the words "in which the company may send
notices of meetings pursuant to the 1985 Act or its", (b) in sub-paragraph
(a), for the words "in writing" substitute "either in writing or
by sending the notification in an electronic communication to an address specified
for that purpose", and (c) in sub-paragraph (d) -
(i) omit the word "printed",
(ii) after the words "in respect of which" insert ", in the case
of a card or form sent by post,", and (iii) after the words "returning
the card or form" insert "either by post or in an electronic communication
sent to a specified address".
6. In paragraph (5)(b) of regulation 7 (provisions applying to all companies
and groups), omit the words "in writing".  
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