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Classification: General
56
129.
When communication is deemed received
(1)
Any document or information:
(a)
if sent by first class post, shall be deemed to have been received on the day
following that on which the envelope containing it is put into the post;
(b)
if sent by second class post, shall be deemed to have been received on the second
day following that on which the envelope containing it is put into the post; or
(c)
if sent by courier, shall be deemed to have been received on the day following that
on which the envelope containing it is delivered by the Company to the courier
company,
and in proving that a document or information has been received it shall be sufficient to
prove that the letter, envelope or wrapper containing the document or information was
properly addressed and, in the case of an item sent by post, prepaid and put into the post,
and, in the case of an item sent by courier, delivered by the Company to the courier
company.
(2)
Any document or information not sent by post but left at a registered address or address
at which a document or information may be received shall be deemed to have been
received on the day it was so left.
(3)
Any document or information, if sent or supplied by electronic means shall be deemed to
have been received on the day on which the document or information was sent or supplied
by or on behalf of the Company. In the case of any document or information sent or
supplied by the Company by means of a relevant system, that document or information
shall be deemed to have been received when the Company or any sponsoring system-
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 127 and 128, 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.