Part IV Electronic Communications

1208

An issuer may send documents, including notices, circulars and annual reports, using electronic communications to a shareholder, if there is express consent from that shareholder.

Added on 31 March 2017 31 March 2017.

1209

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 2017 31 March 2017.

1209A

Rules 1210-1212 apply if the issuer sends documents using electronic communications under Rule 1209.

Added on 31 March 2017 31 March 2017.

1210

Notwithstanding Rule 1209, an issuer shall send the following documents to shareholders by way of physical copies:

(1) forms or acceptance letters that shareholders may be required to complete;

(2) notice of meetings, excluding circulars or letters referred in that notice;

(3) notices and documents relating to takeover offers and rights issues; and

(4) notices under Rules 1211 and 1212.

Added on 31 March 2017 31 March 2017.

1211

When an issuer uses electronic communications to send a document to a shareholder, the issuer shall inform the shareholder as soon as practicable of how to request a physical copy of that document from the issuer. The issuer shall provide a physical copy of that document upon such request.

Added on 31 March 2017 31 March 2017.

1212

If the issuer uses website publication as the form of electronic communications, the issuer shall separately provide a physical notification to shareholders notifying of the following:

(1) the publication of the document on the website;

(2) if the document is not available on the website on the date of notification, the date on which it will be available;

(3) the address of the website;

(4) the place on the website where the document may be accessed; and

(5) how to access the document.

Added on 31 March 2017 31 March 2017.