Explanatory Notes

Companies Act 2006

2006 CHAPTER 46

8 November 2006

Commentary on Individual Duties

Chapter 3: Declaration of Interest in Existing Transaction Or Arrangement

How should the declaration be made?

Section 184: Declaration made by notice in writing

371.This section provides a new written procedure for the declarations of interest required by section 182. A written notice declaring the nature and extent of the director’s interest must be sent to all the other directors. It may be sent in hard copy form or, if the recipient agrees, in electronic form. It may be posted, delivered by hand or, if the recipient agrees, by electronic means. When this is done, the notice is treated as forming part of the proceedings of the next meeting of the directors, and so should form part of the minutes of that meeting (subsection (5)).