C1Part 9Exercise of members' rights

Annotations:
Modifications etc. (not altering text)

Information rights

I1150Information rights: status of rights

1

This section has effect as regards the rights conferred by a nomination under section 146 (nomination of person to enjoy information rights).

2

Enjoyment by the nominated person of the rights conferred by the nomination is enforceable against the company by the member as if they were rights conferred by the company's articles.

3

Any enactment, and any provision of the company's articles, having effect in relation to communications with members has a corresponding effect (subject to any necessary adaptations) in relation to communications with the nominated person.

4

In particular—

a

where under any enactment, or any provision of the company's articles, the members of a company entitled to receive a document or information are determined as at a date or time before it is sent or supplied, the company need not send or supply it to a nominated person—

i

whose nomination was received by the company after that date or time, or

ii

if that date or time falls in a period of suspension of his nomination; and

b

where under any enactment, or any provision of the company's articles, the right of a member to receive a document or information depends on the company having a current address for him, the same applies to any person nominated by him.

5

The rights conferred by the nomination—

a

are in addition to the rights of the member himself, and

b

do not affect any rights exercisable by virtue of any such provision as is mentioned in section 145 (provisions of company's articles as to enjoyment or exercise of members' rights).

6

A failure to give effect to the rights conferred by the nomination does not affect the validity of anything done by or on behalf of the company.

7

References in this section to the rights conferred by the nomination are to—

a

the rights referred to in section 146(3) (information rights), and

b

where applicable, the rights conferred by section 147(3) (right to hard copy communications) and section 149 (information as to possible voting rights).