Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2AA - SIGNING AND SENDING DOCUMENTS  

Division 2 - Technology neutral sending of documents, and related matters  

SECTION 110E   ELECTION TO BE SENT DOCUMENTS IN PHYSICAL FORM OR ELECTRONIC FORM, OR NOT TO BE SENT DOCUMENTS  

110E(1)    
This section applies if:

(a)    where the sender is a company - the recipient is a member of the company; or

(b)    where the sender is the responsible entity of a registered scheme - the recipient is a member of the scheme; or

(ba)    

where the sender is the corporate director of a CCIV - the recipient is a member of the CCIV; or

(c)    where the sender is a disclosing entity mentioned in subsection 111AC(1) - the recipient is a member of the disclosing entity; or

(d)    where the sender is a disclosing entity mentioned in subsection 111AC(2) - the recipient is a member of the managed investment scheme mentioned in that subsection; or

(e)    

where the sender is the operator of a notified foreign passport fund - the recipient is an Australian member of the fund; or

(f)    

where the sender is the bidder under a takeover bid - the recipient is a holder of securities in the target for the bid; or

(g)    

the recipient is of a kind specified in regulations made for the purposes of this paragraph.

Election to be sent documents in physical form or electronic form

110E(2)    
The recipient may elect to be sent documents to which this Division applies:

(a)    in physical form; or

(b)    in electronic form;

by notifying the sender (whether or not in writing) of the election.

Note 1: Section 110F requires the sender to comply with an election to be sent documents to which this Division applies in a particular form.

Note 2: Regardless of any election under this section, if the sender is required under this Act to send a document to which this Division applies to the recipient, that requirement is met if the document is sent in accordance with section 110D and in accordance with any timing requirements under this Act.

110E(3)    
An election under subsection (2) may be made in relation to:

(a)    all documents to which this Division applies; or

(b)    a specified class or classes of documents to which this Division applies.

Note: The documents in relation to which an election may be made include, for example, documents required or permitted to be sent under this Act in relation to a takeover bid: see section 648CB .

Election not to be sent documents

110E(4)    
The recipient may elect not to be sent documents covered by subsection (5) by notifying the sender (whether or not in writing) of the election.

110E(5)    
This subsection covers the following documents:

(a)    

reports mentioned in section 314 or 314A (which deal with annual financial reporting to members);

(b)    documents to which this Division applies that are prescribed by the regulations for the purposes of this paragraph.

110E(6)    
An election under subsection (4) may be made in relation to:

(a)    all of the documents covered by subsection (5) ; or

(b)    a specified class or classes of documents covered by subsection (5) .

When an election is in force

110E(7)    
An election under subsection (2) or (4) is in force in relation to those documents during the period:

(a)    beginning on:

(i) unless subparagraph (ii) or (iii) applies - the first business day after the day on which the sender receives notice (whether or not in writing) of the election from the recipient; or

(ii) unless subparagraph (iii) applies, where the recipient, in notifying the sender of the election, specifies a later day - the first business day after that later day; or

(iii) if regulations made for the purposes of this subparagraph specify another day - that other day; and

(b)    ending on:

(i) unless subparagraph (ii) or (iii) applies - the first business day after the day on which the sender receives notice (whether or not in writing) from the recipient withdrawing the election; or

(ii) unless subparagraph (iii) applies, where the recipient, in notifying the sender of the withdrawal, specifies a later day - the first business day after that later day; or

(iii) if regulations made for the purposes of this subparagraph specify another day - that other day.

110E(8)    
However, an election under subsection (2) to be sent documents to which this Division applies in physical form is not in force in relation to a document if:

(a)    the sender is required or permitted under this Act to send the document by a particular day; and

(b)    the sender receives notice of the election from the recipient on or after the day that is 30 days immediately before the day mentioned in paragraph (a) of this subsection.