Electronic and hard copy communications to a company

The following Corporate practice 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
Meaning of ‘hard copy form’
Valid communication
Address
Communications in electronic form
Meaning of ‘electronic form’
Meaning of ‘electronic means’

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Valid communication—consent requirement
Address—electronic means
Address—electronic form
Meaning of ‘generally’ and ‘specifically’
Deemed agreement of the company to electronic communication
General meetings—non-traded companies
General meetings—traded companies
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:

•
in hard copy form
•
in electronic form, or
•
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:

•
by hand, or
•
by post by posting a prepaid envelope containing the document or information

Address

The address for the purpose of sending or supplying a document or information

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