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Classification: General
57
participant acting on its behalf sends the issuer's instruction relating to the document or
other information.
(4)
If the Company receives a delivery failure notification following a communication by
electronic means in accordance with paragraph (3) above, the Company shall send or
supply the document or information in hard copy or electronic form (but not by electronic
means) to the member either personally or by post addressed to the member at his
registered address or by leaving it at that address. This shall not affect when the
document or information was deemed to be received in accordance with paragraph (3)
above.
(5)
Where a document or information is sent or supplied by means of a website, it shall be
deemed to have been received:
(a)
when the material was first made available on the website; or
(b)
if later, when the recipient was deemed to have received notice of the fact that the
material was available on the website.
(6)
Where, in accordance with article 12
6
7
and 12
7
8
, notice is given by way of website notice
and newspaper advertisement, such notice shall be deemed to have been given to each
member or person entitled to so receive it at the later of:
(a)
the time the notice is available on the website; and
(b)
12.00 p.m. on the day when the advertisement appears (or, if it appears on
different days, at 12.00 p.m. on the first of the days when it appears).
(7)
A member present, either in person or by proxy, at any meeting of the Company or class
of members of the Company shall be deemed to have received notice of the meeting and,
where requisite, of the purposes for which the meeting was convened.
(8)
Every person who becomes entitled to a share shall be bound by every notice (other than
a notice in accordance with article 2
5
6
) in respect of that share which before his name is
entered in the register was given to the person from whom he derives his title to the
share.
(9)
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.
(10) Any document or other information sent or supplied by the Company by any other means
authorised in writing by the member concerned shall be deemed to have been received
when the Company has carried out the action it has been authorised to take for that
purpose.
130.
129.
Nomination of persons to enjoy information rights
(1)
A member who holds shares on behalf of another person, pursuant to the Uncertificated
Securities Order, may nominate that person to enjoy information rights in accordance with
this article.
(2)
The Company need not act on a nomination purporting to relate to certain information
rights only.
(3)
If the person to be nominated in accordance with (1) above wishes to receive hard copy
communications, he must, prior to the nomination being made:
(a)
request the member making the nomination to notify the Company of that fact;
and