387A. Electronic transmission of notices of meetings

Question 1

387A. Electronic transmission of notices of meetings

Answer 1

General overview
[387A.01] In the advent of electronic communications, s 387A allows the company or the directors of the company to give or serve any notice of a meeting by electronic communications.

Question 2

Electronic communication to individuals

Answer 2

[387A.02] Subsection (1) provides that notice of a meeting may be given, sent to or served on a member, officer or auditor of the company by electronic communication to the current address of that person.

Question 3

Electronic communication via website

Answer 3

[387A.03] Subsection (2) provides that notice of a meeting shall also be given, sent to or served on a person where the company and that person have agreed in writing that it shall be so given, sent to or served on a website which that person has access. The terms and conditions of the use of the website to transmit notices shall be stated in the agreement in writing: s 387A(2)(b), (c), (d) and (e). A few salient points to note is that the website address shall be notified to that person, along with the place on that website where the notice may be found, and the notice shall continue to be published on the website throughout the period beginning with the notification and ending with the conclusion of the meeting.

Question 4

Irregularities not to invalidate meeting

Answer 4

[387A.04] Section 387A(5) provides that any proceedings of a meeting shall not be invalidated where the notice was accessible on the stated website only for a part of the period instead of the whole period as mentioned in subsection (2)(e), and the failure to make it accessible for the whole period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid: s 387A(5)(a) and (b). For example, the website crashed during a part of or whole of the period for which it has to be made accessible.

Question 5

“current address”

Answer 5

[387A.05] Subsection (7) provides that the current address is the electronic address or number of the person that has been notified by him to the company, and which the company has no reason to believe that that notice or document sent to him at that electronic address or number will not reach him.

Question 6

Section 387A overrides constitution

Answer 6

[387A.06] Subsection (6) provides that a company may, notwithstanding any provision to the contrary in its constitution, take advantage of subsections (1), (2), (3), (4) or (5).