Classification: General
58
(b)
provide an address to which such copies may be sent.
(4)
If having received such a request the member making the nomination:
(a)
notifies the Company that the nominated person wishes to receive hard copy
communications; and
(b)
provides the Company with that address,
the right of the nominated person is to receive hard copy communications accordingly.
(5)
If the nominated person does not provide an address to the Company for delivery of the
information under this article, then he is taken to have agreed that documents or
information may be sent or supplied to him by the Company by means of a website.
(6)
The agreement in paragraph (5) above:
(a)
may be revoked by the nominated person by sending details of his address to the
Company; and
(b)
does not affect the nominated person's right to require the Company to provide
him with a hard copy version of a document or information provided in any other
form.
(7)
The nomination may be terminated at the request of the member or of the nominated
person.
(8)
The nomination ceases to have effect in any of the following situations relating to the
nominated person:
(a)
in the case of an individual, his death or bankruptcy;
(b)
in the case of a body corporate, its dissolution or the making of an order for, or the
passing of a resolution for its, winding up of the body otherwise than for the
purposes of reconstruction;
(c)
where there are more nominated persons than the member has shares in the
Company;
(d)
where the relevant member holds different classes of shares with different
information rights and where there are more nominated persons than he has
shares conferring a particular right; and
(e)
where the Company enquires of a nominated person whether he wishes to retain
his information rights and the Company does not receive a response from the
nominated person within the period of 28 days beginning with the date on which
the Company’s enquiry was sent.
(9)
Where the Company sends a copy of a notice of a meeting to a person nominated in
accordance with this article, the copy of the notice must be accompanied by a statement
that:
(a)
he may have a right under an agreement between him and the member by whom
he was nominated to be appointed, or to have someone else appointed, as a proxy
for the meeting, and
(b)
if he has no such right or does not wish to exercise it, he may have a right under
such an agreement to give instructions to the member as to the exercise of voting
rights,