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Companies Act 2006

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This is the original version (as it was originally enacted).

148Termination or suspension of nomination

This section has no associated Explanatory Notes

(1)The following provisions have effect in relation to a nomination under section 146 (nomination of person to enjoy information rights).

(2)The nomination may be terminated at the request of the member or of the nominated person.

(3)The nomination ceases to have effect on the occurrence in relation to the member or the nominated person of any of the following—

(a)in the case of an individual, death or bankruptcy;

(b)in the case of a body corporate, dissolution or the making of an order for the winding up of the body otherwise than for the purposes of reconstruction.

(4)In subsection (3)—

(a)the reference to bankruptcy includes—

(i)the sequestration of a person’s estate, and

(ii)a person’s estate being the subject of a protected trust deed (within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66)); and

(b)the reference to the making of an order for winding up is to—

(i)the making of such an order under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or

(ii)any corresponding proceeding under the law of a country or territory outside the United Kingdom.

(5)The effect of any nominations made by a member is suspended at any time when there are more nominated persons than the member has shares in the company.

(6)Where—

(a)the member holds different classes of shares with different information rights, and

(b)there are more nominated persons than he has shares conferring a particular right,

the effect of any nominations made by him is suspended to the extent that they confer that right.

(7)Where the company—

(a)enquires of a nominated person whether he wishes to retain information rights, and

(b)does not receive a response within the period of 28 days beginning with the date on which the company’s enquiry was sent,

the nomination ceases to have effect at the end of that period.

Such an enquiry is not to be made of a person more than once in any twelve-month period.

(8)The termination or suspension of a nomination means that the company is not required to act on it.

It does not prevent the company from continuing to do so, to such extent or for such period as it thinks fit.

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