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Investor Relations - A Practical Guide - Investis

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Making the communication by website<br />

When a document or item of information required<br />

or authorised to be sent or supplied under the Act<br />

is published on a company’s website, the company<br />

must notify the shareholder of:<br />

• the presence of the document or information on<br />

the website;<br />

• the address of the website;<br />

• the place on the website where it may be<br />

accessed; and<br />

• how to access the document or information.<br />

This notification must be sent as a hard copy or, if<br />

the shareholder has agreed, by electronic<br />

communication such as email. The FSA has<br />

confirmed that, in respect of listed companies,<br />

such a letter must comply with the usual Listing<br />

Rules requirements for circulars. The company<br />

must usually make the document or information<br />

available on the website for at least 28 days<br />

beginning with the date the notification of<br />

availability is sent. The company must also comply<br />

with any extra requirements about website<br />

publications in the company’s articles.<br />

Email communication: express consent still<br />

required<br />

Companies still need a shareholder’s express<br />

agreement to use electronic communication such<br />

as email. Any agreement with a shareholder made<br />

since 2000 under the companies legislation that<br />

preceded the Act continues to have effect for the<br />

purpose of the new regime. Even if a shareholder<br />

has agreed to electronic communication, he or she<br />

may still obtain hard copies of documents free of<br />

charge at any time.<br />

Communications in hard copy<br />

There have been no recent changes in the rules<br />

governing hard copy communications between<br />

companies and their shareholders, the main<br />

requirements of which are detailed in a company’s<br />

articles of association and, in respect of listed<br />

companies, the Listing Rules.<br />

66<br />

Building the <strong>Investor</strong> <strong>Relations</strong> Programme

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