Section 327: Service of documents on shareholders and creditors

327. Service of documents on shareholders and creditors (1) A notice, statement, report, accounts, or other document to be sent to a shareholder or creditor who is a natural person may— (a) be delivered to that person; (b) be posted to that person’s address or delivered to a post office box which that person is using at the time; (c) be sent by facsimile machine to a telephone number used by that person for the transmission of documents by facsimile; or (d) subject to subsection (5), be sent by email or other electronic form of communication to the address provided by that person for the transmission of documents by electronic means. (2) A notice, statement, report, accounts, or other document to be sent to a shareholder or creditor that is a company or a foreign company may be sent by any of the methods of serving documents referred to in section 325 or 327, as the case may be. (3) A notice, statement, report, accounts, or other document to be sent to a creditor that is a body corporate, not being a company or a foreign company, may— (a) be delivered to a person who is a principal officer of the body corporate; (b) be delivered to an employee of the body corporate at the principal office of principal place of business of the body corporate; (c) be delivered in such manner as the Court directs; (d) be delivered in accordance with an agreement made with the body corporate; (e) be posted to the address of the principal office of the body corporate or delivered to a box at a document exchange which the body corporate is using at the time; (f) be sent by facsimile machine to a telephone number used for the transmission of documents by facsimile at the principal office or principal place of business of the body corporate; or (g) subject to subsection (5), be sent by email or other electronic form of communication to the address provided by that person for the transmission of documents by electronic means. (4) Where a liquidator sends documents— (a) to the last known address of a shareholder or creditor who is a natural person; or (b) to the address for service of a shareholder or creditor that is a company, and the documents are returned unclaimed on 3 consecutive occasions, the liquidator need not send further documents to the shareholder or creditor until the shareholder or creditor gives notice to the company of his new address. C35 – 193 [Issue 1] Companies Act (5) A document may be sent under subsection (1) (d) or (3) (g) by electronic means of communication provided that— (a) the shareholder has consented in writing to that form of communication being used by the company or other person providing the communication; and (b) the shareholder or creditor has provided an electronic address to which such communication may be sent. (6) Any consent under subsection (5) may be revoked at any time on the provision of 5 days’ notice in writing to the person sending the document.