A letter sent by fax constituted a validly ‘deposited’ notice to convene an extraordinary general meeting under section 368 of the Companies Act 1985. The Vice-Chancellor noted that by that time the Electronic Communications Act 2000 enabled specific modifications to be made to authorise communication by electronic means under existing statutes, including the Companies Act. Some such modifications had been made, but not in respect of section 368. Counsel before him had been unable to indicate the basis on which some of these provisions had been singled out for amendment but others not. The 2000 Act could not be regarded as designed to introduce fax as a permitted means of communication ‘for that had been done on a case-by-case basis over the preceding 30 years or so’
Sir Andrew Morritt V-C
[2003] BCC 202
Companies Act 1985 368, Electronic Communications Act 2000
England and Wales
Cited by:
Cited – UKI (Kingsway) Ltd v Westminster City Council SC 17-Dec-2018
Short issue as to the requirements for valid ‘service’ of a completion notice so as to bring a newly completed building within liability for non-domestic rates. The notice had been served by email where no statutory authority existed for this.
Litigation Practice
Updated: 31 December 2021; Ref: scu.670803
