Electronic and hard copy communications to a company
Electronic and hard copy communications to a company

The following Corporate guidance note provides comprehensive and up to date legal information covering:

  • Electronic and hard copy communications to a company
  • Transitional provisions
  • Means of communication
  • Communications in hard copy form
  • Communications in electronic form
  • Meaning of ‘generally’ and ‘specifically’
  • Deemed agreement of the company to electronic communication
  • Authentication of electronic communications
  • Other agreed forms of communication

The Companies Act 2006 (CA 2006) provides how documents or information can be validly sent or supplied to a company (as defined).

For information on communications sent or supplied by a company, see Practice Notes: Electronic communications from a company and Hard copy communications from a company.

Transitional provisions

The statutory provisions relating specifically to communications to a company came into force on 20 January 2007 with the exception of CA 2006, s 333A which came into effect on 3 August 2009.

Means of communication

Documents or information to be sent or supplied to a company must be sent or supplied in accordance with the provisions of CA 2006, Sch 4.

A person may send or supply a document (as defined) or information to a company:

  1. in hard copy form

  2. in electronic form, or

  3. in any other form or manner agreed by the company

Communications in hard copy form

Meaning of ‘hard copy form’

A document or information is sent or supplied in hard copy form if it is sent or supplied in a paper copy or similar form capable of being read.

Valid communication

A person can validly send or supply a document or information to a company in hard copy form by sending or supplying it:

  1. by hand, or

  2. by post by posting a prepaid envelope containing the document