Electronic means Definition

GLOSSARY

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What does Electronic means mean?

In the context of electronic communication between a company and its shareholders, a document or information is sent or supplied by electronic means if it is sent initially and received at its destination by means of electronic equipment for the processing (this expression includes digital compression) or storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means (CA 2006, s 1168(4)).

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Managing discussion and shareholders' questions—listed company AGMs—checklist

Managing discussion and shareholders' questions—listed company AGMs—checklist This checklist provides guidance on the questions and discussions at Annual General Meetings (AGMs) of listed public companies and AIM companies. It covers legal aspects, corporate governance best practice and practical guidance, as well as tips for the chair and company secretary in preparing for debate and unexpected events at a company's AGM. The chair of the meeting is responsible for managing discussion at the meeting and must do so in an impartial manner. It is the chair’s role to keep discussion under control and to decide when to close discussion on a particular matter once they consider that it has been debated sufficiently and has enabled a range of views to be heard. When the UK was a member of the EU, Directive 2007/36/EC (the Shareholder Rights Directive) codified the right of shareholders to have questions answered at general meetings. The Directive was implemented in the UK by the Companies (Shareholders' Rights) Regulations 2009 which amended Part 13 of the Companies Act...

Notice of general meeting or annual general meeting—checklist

Notice of general meeting or annual general meeting—checklist Who is entitled to receive notice of general meeting or annual general meeting? Notice of the general meeting (GM) or annual general meeting (AGM) must be sent to: • every member of the company, ie those appearing on the register of members (including those entitled to a share in consequence of the death or bankruptcy of a member, if the company has been notified of their entitlement) • every director of the company, and • the company’s auditors Check the company’s articles in particular for provisions relating to: • giving notices to joint, untraceable or overseas shareholders, and • cut-off dates by which time a member needs to be registered on the register of members to receive a notice. Where a company's shares are held in CREST, a member must be registered in the register of members at least 21 days before the date the notice is sent Form of notice Notice of a GM must be given: • in hard copy...

Preparing for an immigration appeal to the First-tier Tribunal (IAC)

Preparing for an immigration appeal to the First-tier Tribunal (IAC) The procedural steps to be followed in a First-tier Tribunal appeal are examined in the Practice Note on Procedure in the First-tier Tribunal (IAC). This Practice Note looks at the practical issues involved in the preparation of the evidence, appellant’s bundle and pleadings in an appeal to the First-tier Tribunal, following the lodging of the appeal and payment of any fee. Preparation of appellant’s bundle The standard directions contained in Annexes A–C of the Presidential Practice Statement No 1 of 2022 require the parties to produce bundles of evidence. Where an appeal is brought under the online ‘MyHMCTS’ process, under Annex A to Practice Statement No 1 of 2022, the respondent is required to upload the respondent’s bundle not later than 28 days after the notice of appeal is uploaded onto the online system. Insofar as Annex B (where an appeal is brought online but not using ‘MyHMCTS’) or Annex C (unrepresented appellants) apply, the deadline for...

Criminal Procedure Rules (CrimPR)—update August 2022 [Archived]

Criminal Procedure Rules (CrimPR)—update August 2022 [Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. This Practice Note explains the key changes made to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) by the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815 which took effect from 15 August 2022. The CrimPR govern the practice and procedure to be followed in all criminal courts in England and Wales. These amendments include new rules on live links, the procedure for the Crown Court to send a case back to a magistrates’ court for trial or sentence, amendments to the service of documents in certain applications and sign language interpretation for jurors. This Practice Note explains the key changes to the CrimPR which took effect from 15 August 2022. Note that SI 2022/815 makes further amendments to the CrimPR which take effect from 3 October 2022 which are not covered in this Practice Note. For further analysis, see News Analysis: Criminal Procedure Rules (CrimPR)—update August and...

Discover our 404 Practice Notes on Electronic means

Proxy form for a general meeting—open offer

Proxy form for a general meeting—open offer Company number: [insert company name] [insert company name] PLC (the Company) Form of proxy for a general meeting Before completing this form please read the explanatory notes [I OR We] [insert name of shareholder[s]] as [a] member[s] of the Company appoint [insert name of proxy] [insert information about shares] Name of proxy Shares to which proxy appointment relates Leave blank if you are only appointing one proxy or, if no one is named in the box as proxy, the chair of the meeting as [my OR our] proxy to exercise all or any of [my OR our] rights to attend and speak for [me OR us] and on [my OR our] behalf at the general meeting of the Company to be held at [insert time] on [insert date] (and at any adjournment of the meeting) and to vote and/or abstain on the specified resolutions as indicated below, and as the proxy thinks fit on any other...

Memorandum on the responsibilities and obligations of a director of an AIM company

Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...

Dive into our 105 Precedents related to Electronic means

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature.

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature. The practice of electronic signing of documents has risen in popularity in recent times, and has accelerated further as a result of the coronavirus (COVID-19) pandemic. This has come to be known as the 'Mercury Signing Approach', which was initially proposed by the Law Society in 2009 in a Practice Note: Execution of documents by virtual means (updated in May 2020). In its 2019 report, Electronic Execution of Documents (Law Com No 386), the Law Commission endorsed the Mercury approach. This involves a scanned manuscript signature being added to the final version of the deed, and is of use where all parties to the transaction...

How will charities ensure that they are properly governed if trustees and staff are not able to work or meet in light of coronavirus (COVID-19)?

How will charities ensure that they are properly governed if trustees and staff are not able to work or meet in light of coronavirus (COVID-19)? Many charities will have board or general meetings scheduled over the coming months and be wondering what steps should be taken to observe social distancing measures and protect attendees, particularly those more at risk from coronavirus (COVID-19). Special rules apply to these meetings and will need to be taken into account. Formal meetings are, of course, only one (albeit an important) aspect of a charity’s operations. Outside formal meetings, staff may be able to work and meet remotely in order to keep services going. Where this is not possible, difficult decisions may have to be made about how best to protect a charity’s beneficiaries and reputation until restrictions around movement are eased. This Q&A is principally directed to charities which are structured as companies. Board decisions: one-off decisions where a meeting cannot be held If a decision is needed at short notice on...

See the 63 Q&As about Electronic means

Order for service by alternative means does not avoid requirement to apply for service outside the jurisdiction (Broom v Aguilar)

Restructuring and Insolvency analysis: The court held that an order for service by alternative means against a Respondent residing outside of the jurisdiction did not amount to effective service as at the time the order under was made, the court did not have jurisdiction over the Respondent. An order for alterative service in relation to service abroad would only be valid where the court assumes jurisdiction over the Respondent by also granting permission to serve out. Written by Rebecca O'Callaghan, legal director, Addleshaw Goddard LLP.

Distance contract information obligations in case of conditional payments (VT, UR v Conny GmbH)

EU Law analysis: Article 8(2) of 2011/83/EU, the EU Consumer Rights Directive (EU CRD) on formal requirements for distance contracts provides that a trader must ensure that a consumer, when placing his or her order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function must be labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader has not complied with this requirement, the consumer is not bound by the contract or order. The Court of Justice confirms that this obligation also applies in cases where the consumer is required to pay the pecuniary consideration to that trader only after a subsequent condition has been satisfied. Written by Geert Bovy, partner and Sebastian Tytgat, senior associate at Baker McKenzie.

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