Part 9

Exercise of members' rights

Information rights

Information rights: status of rights
150
1
This section has effect as regards the rights conferred by a nomination under section 146 (nomination of person to enjoy information rights).
2
Enjoyment by the nominated person of the rights conferred by the nomination is enforceable against the company by the member as if they were rights conferred by the company's articles.
3
Any enactment, and any provision of the company's articles, having effect in relation to communications with members has a corresponding effect (subject to any necessary adaptations) in relation to communications with the nominated person.
4
In particular—
a
where under any enactment, or any provision of the company's articles, the members of a company entitled to receive a document or information are determined as at a date or time before it is sent or supplied, the company need not send or supply it to a nominated person—
i
whose nomination was received by the company after that date or time, or
ii
if that date or time falls in a period of suspension of his nomination; and
b
where under any enactment, or any provision of the company's articles, the right of a member to receive a document or information depends on the company having a current address for him, the same applies to any person nominated by him.
5
The rights conferred by the nomination—
a
are in addition to the rights of the member himself, and
b
do not affect any rights exercisable by virtue of any such provision as is mentioned in section 145 (provisions of company's articles as to enjoyment or exercise of members' rights).
6
A failure to give effect to the rights conferred by the nomination does not affect the validity of anything done by or on behalf of the company.
7
References in this section to the rights conferred by the nomination are to—
a
the rights referred to in section 146(3) (information rights), and
b
where applicable, the rights conferred by section 147(3) (right to hard copy communications) and section 149 (information as to possible voting rights).
S. 150 wholly in force at 1.10.2007; s. 150 not in force at Royal Assent see s. 1300; s. 150 in force at 1.10.2007 by S.I. 2007/2194, art. 2(1)(c) (with savings in art. 12 and with transitional provisions and savings in Sch. 3 and subject to transitional adaptations specified in Sch. 1)
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))