Electronic Communications Documents
PLEASE BE AWARE THAT THE ECONOMIC CRIME & CORPORATE TRANSPARENCY ACT 2023 IS BEING IMPLEMENTED IN PHASES AND MAY CHANGE SOME OF THE TEMPLATES BELOW.
Electronic communications allow a company to send documents and information to its shareholders (and, where relevant, debenture holders) by email or via a company website. The Companies Act 2006 makes it easier for companies to use these methods.
To rely on the statutory regime, a company will usually need to:
- amend its articles of association or pass a resolution to authorise communication by means of a website; and
- obtain the consent of shareholders and debenture holders to receive documents and information by electronic means.
Using These Templates
This section contains documents to help a company move to electronic and website-based communications, including:
- requests for consent to electronic communications
- a notification of availability, telling shareholders where on the company’s website documents and information can be accessed
- resolutions and wording to authorise communications by means of a website
- amendments to the articles of association to permit communications by website
🔀 Document Toolkit: Typical Sequence (may vary)
- Amend the articles or pass the appropriate resolution to authorise website communications.
- Obtain consent from shareholders and debenture holders to receive documents electronically.
- Use a notification of availability to direct them to the relevant documents on the company website.
Each document in the Electronic Communications Documents section is drafted to comply with the Companies Act 2006.
Electronic Communications Documents is part of Corporate. Just £38.50 + VAT provides unlimited downloads from Corporate for 1 year.
Frequently Asked Questions
Can we email documents to shareholders instead of posting them? +
Only with each shareholder's agreement. Under the Companies Act 2006 a shareholder must agree, generally or specifically, to receive documents by electronic means and provide an electronic address; silence is not consent for email. Use the consent request templates in this section to obtain and record that agreement. Different, slightly easier rules apply to website communications. Until consent is in place, keep sending hard copies.
What do we need in place before publishing shareholder documents on our website? +
Two things. First, authority in the articles or a members' resolution permitting communication by means of a website. Second, each shareholder's individual agreement, which can be obtained by a request letter: if they do not respond within 28 days they are deemed to agree, provided the letter clearly states that effect. This section includes the resolution wording, article amendments and consent request templates to put both in place.
What happens if a shareholder ignores our website communications request? +
They are deemed to have agreed if the company receives no response within 28 days of the request being sent, but only if the request clearly stated the effect of not responding. A repeat request sent within 12 months of a previous one for the same or a similar class of documents is ineffective, so time any follow up carefully. The consent request template in this section is drafted to meet the statutory wording requirements.
Do we still have to tell shareholders every time we put a document on the website? +
Yes. Each time a document or information is made available on the website the company must notify the shareholder of its availability, and the document must remain accessible on the website throughout the required period. The Notification of Availability template in this section covers what the notice must say, including where on the website the document can be found.
