• CHAPTER 5 CHAPTER 5 SUPPLEMENTARY PROVISIONS

    • 365. Computation of periods of notice etc: clear day rule

      (1) This section applies for the purposes of the following provisions of this Part—
      (a) sections 324(1) and 324(2)(notice required of general meeting),
      (b) sections 329(1) and 329(3)(resolution requiring special notice),
      (c) section 331(4)(d)(request to circulate members' statement),
      (d) section 333(2)(b) (expenses of circulating statement to be deposited or tendered before meeting),
      (e) section 357(4)(d)(i)(request to circulate member's resolution at AGM of public company), and
      (f) section 359(2)(b)(i)(expenses of circulating statement to be deposited or tendered before meeting).
      (2) Any reference in those provisions to a period of notice, or to a period before a meeting by which a request must be received or sum deposited or tendered, is to a period of the specified length excluding—
      (a) the day of the meeting, and
      (b) the day on which the notice is given, the request received or the sum deposited or tendered.

    • 366. Electronic meetings and voting

      (1) Nothing in this Part is to be taken to preclude the holding and conducting of a meeting in such a way that persons who are not present together at the same place may by electronic means attend and speak and vote at it.
      (2) The use of electronic means for the purpose of enabling members to participate in a general meeting may be made subject only to such requirements and restrictions as are—
      (a) necessary to ensure the identification of those taking part and the security of the electronic communication, and
      (b) proportionate to the achievement of those objectives.
      (3) Nothing in subsection (2) affects any power of a company to require reasonable evidence of the entitlement of any person who is not a member to participate in the meeting.