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Are your website and email still legal?

January 2007

Did you know that from January 2007, you need to ensure that you provide more information about your company on any electronic media? This includes your website and your emails!

On 20 January 2007, more electronic communications provisions of the Companies Act 2006 will apply to all public and private companies.

From this date, your electronic communications such as email and websites may be used to:

  • communicate with shareholders - subject to shareholder approval
  • file all basic documents with company registries
  • ask for and receive any documents you wish to inspect
  • investigate who has an interest in your shares

Documents can still be filed in paper form if you wish and any shareholders who do not wish to be contacted electronically should continue to receive paper communications.

The Companies Act 1985 already requires the company's name to appear clearly in all its business letters, cheques and other documents. And, from 1 January 2007, a company's name should also appear clearly on all its websites. Also, the company's business letters, order forms and websites have to include fuller particulars, namely:

  • the company's place of registration and registered number
  • the address of its registered office
  • in the case of a limited company exempt from the obligation to use the word "limited" in its name, the fact that it is a limited company
  • in the case of an investment company, the fact that it is such a company

All these requirements apply whether the document is in hard copy or electronic or any other form.

Directors of business are responsible for ensuring that these changes are made as soon as possible to prevent any legal difficulties!!



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