Companies Act 2006

Notices etc

1258Service of notices

(1)This section has effect in relation to any notice, direction or other document required or authorised by or by virtue of this Part to be given to or served on any person other than the Secretary of State.

(2)Any such document may be given to or served on the person in question—

(a)by delivering it to him,

(b)by leaving it at his proper address, or

(c)by sending it by post to him at that address.

(3)Any such document may—

(a)in the case of a body corporate, be given to or served on an officer of that body;

(b)in the case of a partnership, be given to or served on any partner;

(c)in the case of an unincorporated association other than a partnership, be given to or served on any member of the governing body of that association.

(4)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person is his last known address (whether of his residence or of a place where he carries on business or is employed) and also—

(a)in the case of a person who is eligible under the rules of a recognised supervisory body for appointment as a statutory auditor and who does not have a place of business in the United Kingdom, the address of that body;

(b)in the case of a body corporate or an officer of that body, the address of the registered or principal office of that body in the United Kingdom;

(c)in the case of an unincorporated association other than a partnership or a member of its governing body, its principal office in the United Kingdom.

1259Documents in electronic form

(1)This section applies where—

(a)section 1258 authorises the giving or sending of a notice, direction or other document by its delivery to a particular person (“the recipient”), and

(b)the notice, direction or other document is transmitted to the recipient—

(i)by means of an electronic communications network, or

(ii)by other means but in a form that requires the use of apparatus by the recipient to render it intelligible.

(2)The transmission has effect for the purposes of this Part as a delivery of the notice, direction or other document to the recipient, but only if the recipient has indicated to the person making the transmission his willingness to receive the notice, direction or other document in the form and manner used.

(3)An indication to a person for the purposes of subsection (2)—

(a)must be given to the person in such manner as he may require,

(b)may be a general indication or an indication that is limited to notices, directions or other documents of a particular description,

(c)must state the address to be used,

(d)must be accompanied by such other information as the person requires for the making of the transmission, and

(e)may be modified or withdrawn at any time by a notice given to the person in such manner as he may require.

(4)In this section “electronic communications network” has the same meaning as in the Communications Act 2003 (c. 21).