Electronic communications for companies
ACCA's response to the DTI's consultative document is set out below.
In general terms, ACCA welcomes both the terms of the Order and the expedition with which it is being introduced under the Electronic Communications Act.
Our responses on questions posed in the document are as follows:
Q2 The general approach
We endorse the 'voluntary' approach proposed with regard to the adoption of e-technology for corporate communications. Until such time as e-technology can reasonably be assumed to be universally available both to companies and private shareholders, no party should be disadvantaged by being compelled to use non-traditional communications media. This principle should not, however, inhibit the further encouragement of e-technology by, for example, the offer of incentives by Companies House for the delivery of statutory documents by electronic means.Q3 Incorporation matters
We agree.
Q5 Notice of meetings
We agree.
Q6 Further comments on communications
The proposed new s239(2A) does not achieve the objective set out in the document of ensuring that a member who asks for an additional copy of the accounts is able to choose the medium by which the extra copy is sent to him. Given that e-mail and fax delivery systems are by no means infallible, and given members' need to have access to the accounts before the General Meeting, it may be that a member who has failed to receive a document sent to him by electronic means will wish to have a replacement sent to him in hard copy format. We believe that a member should have this right. We suggest, therefore, that the new ss2A should incorporate an additional provision requiring the member's specific agreement to the form in which he is to receive the additional copy.