moved Amendments Nos. A207A to A207P:"Page 468, line 38, leave out sub-paragraph (2) and insert—"
““(2) The company may only send or supply such documents or information in electronic form if—
(a) the members of the company have resolved that it may do so, or
(b) the company’s articles contain provision to that effect.””
Page 469, line 4, leave out sub-paragraph (2) and insert—
““(2) The company may only send or supply such documents or information in electronic form if—
(a) the relevant holders of debt securities have duly resolved that it may do so, or
(b) the instrument creating the debt securities in question contains provision to that effect.””
Page 470, line 6, leave out sub-paragraph (2) and insert—
““(2) The company may only send or supply such documents or information by making them available on a website if—
(a) the members of the company have resolved that it may do so, or
(b) the company’s articles contain provision to that effect.””
Page 470, line 21, leave out ““he has failed to respond”” and insert ““the company has not received a response””
Page 470, line 35, leave out sub-paragraph (2) and insert—
““(2) The company may only send or supply such documents or information by making them available on a website if—
(a) the relevant holders of debt securities have duly resolved that it may do so, or
(b) the instrument creating the debt securities in question contains provision to that effect.””
Page 471, line 5, leave out ““he has failed to respond”” and insert ““the company has not received a response””
Page 471, line 33, after first ““that”” insert ““—
(a)””
Page 471, line 35, after ““website”” insert ““, or
““(b) the instrument creating the debenture in question contains provision to that effect,””
Page 471, line 38, leave out ““the debenture holder””
Page 471, line 39, at beginning insert ““the debenture holder””
Page 471, line 43, leave out ““failed to respond”” and insert ““the company has not received a response””
Page 472, line 18, at end insert—
(1) A document or information authorised or required to be sent or supplied by means of a website must be made available in a form, and by a means, that the company reasonably considers will enable the recipient—
(a) to read it, and
(b) to retain a copy of it.
(2) For this purpose a document or information can be read only if—
(a) it can be read with the naked eye, or
(b) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.””
Page 473, line 11, leave out paragraph 18 and insert—
18 (1) This paragraph applies in relation to documents or information to be sent or supplied to joint holders of shares or debentures of a company.
(2) Anything to be agreed or specified by the holder must be agreed or specified by all the joint holders.
(3) Anything authorised or required to be sent or supplied to the holder may be sent or supplied either—
(a) to each of the joint holders, or
(b) to the holder whose name appears first in the register of members or the relevant register of debenture holders.
(4) This paragraph has effect subject to anything in the company’s articles.””
Page 473, line 35, at end insert—
““( ) References in this paragraph to the bankruptcy of a person include—
(a) the sequestration of the estate of a person;
(b) a person’s estate being the subject of a protected trust deed (within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66)).
In such a case the reference in sub-paragraph (2)(b) to the trustee of the bankrupt is to be read as the permanent or interim trustee (within the meaning of that Act) on the sequestrated estate or, as the case may be, the trustee under the protected deed.””
On Question, amendments agreed to.
Schedule 7, as amended, agreed to.
Clause 751 [Meaning of ””in hard copy form””, ””in electronic form”” and ””by means of a website””]:
Company Law Reform Bill [HL]
Proceeding contribution from
Lord Sainsbury of Turville
(Labour)
in the House of Lords on Thursday, 30 March 2006.
It occurred during Debate on bills
and
Committee proceeding on Company Law Reform Bill [HL].
Type
Proceeding contribution
Reference
680 c381-2GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Librarians' tools
Timestamp
2024-12-17 19:40:16 +0000
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_314175
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_314175
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_314175