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1206

An issuer may send documents, including circulars and annual reports, using electronic communications to a shareholder, if:

(1) there is deemed consent from that shareholder, on the basis that:
(a) the Articles of Association or other constituent document of the issuer:
(i) provides for the use of electronic communications;
(ii) specifies the manner in which electronic communications is to be used; and
(iii) specifies that the shareholder will be given an opportunity to elect within a specified period of time, whether to receive such document by way of electronic communications or as a physical copy; and
(b) the issuer has separately notified the shareholder directly in writing on at least one occasion of the following:
(i) that the shareholder has a right to elect, within a time specified in the notice from the issuer, whether to receive documents in either electronic or physical copies;
(ii) that if the shareholder does not make an election, documents will be sent to the shareholder by way of electronic communications;
(iii) the manner in which electronic communications will be used is the manner specified in the Articles of Association or other constituent document of the issuer;
(iv) that the election is a standing election, but that the shareholder may make a fresh election at any time; and
(v) until the shareholder makes a fresh election, the election that is conveyed to the issuer last in time prevails over all previous elections as the shareholder's valid and subsisting election in relation to all documents to be sent; or
(2) there is implied consent from that shareholder, on the basis that the Articles of Association or other constituent document of the issuer:
(a) provides for the use of electronic communications;
(b) specifies the manner in which electronic communications is to be used; and
(c) provides that the shareholder shall agree to receive such document by way of such electronic communications and shall not have a right to elect to receive a physical copy of such document.

Added on 31 March 201731 March 2017.