The Companies (Summary Financial Statement) Regulations 2008

Supplementary provisions for Part 2

8.—(1) Subject to any requirement or contrary provision of this Part the company communications provisions of the 2006 Act apply to any notice or other communication required or authorised to be sent to or by the company by any provision in this Part.

(2) This regulation and regulations 5, 6 and 7 apply to a person who is entitled, whether conditionally or unconditionally, to become a person specified in section 423(l) of the 2006 Act in relation to the company, but who has not yet become such a person, as they apply to a person specified in regulation 3.

(3) Subject to paragraph (4), a notice given under regulation 6 or 7 must be accompanied by a card or form—

(a) in respect of which, in the case of a card or form sent by post, any postage necessary for its return to the company has been, or will be, paid by the company, and

(b) which is so worded as to enable a person specified in regulation 3, by marking a box and returning the card or form, to notify the company that he wishes to receive full accounts and reports for the next financial year for which he is entitled to receive them as such a person and for all future financial years after that.

(4) The company need not pay the postage in respect of the return of the card or form in the following circumstances—

(a) if the address of a member to which notices are sent in accordance with the company’s constitution is not within an EEA State,

(b) if the address of a debenture holder to which notices are sent in accordance with the terms of any instrument constituting or otherwise governing the debentures of which he is a holder is not within an EEA State, or

(c) if the address of a person to whom paragraph (2) applies to which notices are sent, in accordance with the contractual provisions under which he has a right (conditionally or unconditionally) to become a person specified in section 423(l) of the 2006 Act, is not within an EEA State.