Companies Act 2014

F418 [ Transmission of information

1110C

1110C. (1) Subject to subsection (3) , where a shareholder in a traded PLC requires information in order to exercise rights attaching to the shareholder s shares, the traded PLC shall, as soon as practicable after becoming aware of that requirement, provide an intermediary that provides services in relation to that shareholder s shares with

( a ) that information, or

( b ) where the information is available on the traded PLC s website, a notice indicating where on the website the information can be found.

(2) ( a ) Subject to paragraph (b) and subsection (3) , an intermediary (in this subsection referred to as a relevant intermediary ) who is provided with the relevant information shall, as soon as practicable, transmit the relevant information to the shareholder to whom it relates.

( b ) Where a relevant intermediary cannot transmit the relevant information directly to the shareholder to whom it relates, and the relevant intermediary is part of a chain of intermediaries, the relevant intermediary shall, as soon as practicable, transmit the relevant information to each other intermediary in the chain of intermediaries known to the relevant intermediary as being part of the chain.

( c ) An intermediary to whom relevant information is transmitted under paragraph (b) and who can transmit the relevant information directly to the shareholder to whom it relates shall, as soon as practicable, transmit the information directly to that shareholder.

(3) Where a traded PLC transmits relevant information directly to the shareholder to whom it relates, subsections (1) and (2) shall not apply in so far as that information is concerned.

(4) ( a ) Subject to paragraphs (b) and (c) , where a shareholder in a traded PLC has given to an intermediary (in this subsection referred to as a relevant intermediary ) an instruction relating to the exercise of rights attaching to the shareholder s shares (in this subsection referred to as the relevant instruction ), the intermediary shall, as soon as practicable and in accordance with the relevant instruction, transmit the information to which the relevant instruction relates to the traded PLC.

( b ) Where the relevant intermediary cannot transmit the information to which the relevant instruction relates directly to the traded PLC in accordance with the relevant instruction, and the intermediary is part of a chain of intermediaries, the relevant intermediary shall, as soon as practicable, transmit the relevant instruction to each other intermediary in the chain of intermediaries known to the relevant intermediary as being part of the chain.

( c ) An intermediary to whom the relevant instruction is transmitted under paragraph (b) , and who can transmit the information to which the relevant instruction relates directly to the traded PLC, shall, as soon as practicable and in accordance with the relevant instruction, transmit that information directly to the traded PLC.

(5) A shareholder in a traded PLC may nominate a third party to be the person to receive information or notifications under this section on the shareholder s behalf and, accordingly, references in this section to shareholder shall be construed as including any such third party.

(6) In this section, relevant information means, as appropriate, the information referred to in paragraph (a) , or the notice referred to in paragraph (b) , of subsection (1) .

(7) This section shall come into operation on 3 September 2020. ]

Annotations

Amendments:

F418

Inserted (3.09.2020) by European Union (Shareholders’ Rights) Regulations 2020 (S.I. No. 81 of 2020), reg. 7, in effect as per reg. 1(3), section commenced as per subs. (7).