Companies Act 2014

1106.

Participation in general meeting by electronic means

1106. (1) A traded PLC may provide for participation in a general meeting by electronic means including—

(a) a mechanism for casting votes, whether before or during the meeting, and the mechanism adopted shall not require the member to be physically present at the meeting or require the member to appoint a proxy who is physically present at the meeting;

(b) real time transmission of the meeting;

(c) real time two way communication enabling members to address the meeting from a remote location.

(2) The use of electronic means pursuant to subsection (1) may be made subject only to such requirements and restrictions as are necessary to ensure the identification of those taking part and the security of the electronic communication, to the extent that such requirements and restrictions are proportionate to the achievement of those objectives.

(3) Members shall be informed of any requirements or restrictions which a traded PLC puts in place pursuant to subsection (2).

(4) A traded PLC that provides electronic means for participation at a general meeting by a member shall ensure, as far as practicable, that—

(a) such means—

(i) F414 [ provide for ] the security of any electronic communication by the member;

(ii) minimise the risk of data corruption and unauthorised access;

(iii) provide certainty as to the source of the electronic communication;

and

(b) in the case of any failure or disruption of such means, that failure or disruption is remedied as soon as practicable.

Annotations:

Amendments:

F414

Substituted (21.08.2020) by Companies (Miscellaneous Provisions (Covid-19) Act 2020 (9/2020), s. 26, S.I. No. 320 of 2020.