Companies Act · 2021 Revised Edition · Part · Enforcement and General Provisions
Section 319E
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding sections 3 19C and 3 19D, where a notice of meeting or any accounts, balance sheet, financial statements, report or other document is required or permitted to be given, sent or served under this Act or under the constitution of a company by the company or the directors of the company to a member of the company, that notice or document may be given, sent or served using electronic communications with the express, implied or deemed consent of the member in accordance with the constitution of the company.
accounts
"accounts" means profit and loss accounts, or income and expenditure accounts, and balance sheets referred to in section 122 and includes notes (other than auditors' reports or directors' reports) attached or intended to be read with any of those profit and loss accounts, income and expenditure accounts or balance sheets;
For the purposes of this section, a member has given implied consent if the constitution of the company -
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provides for the use of electronic communications;
specifies the manner in which electronic communications is to be used; and
provides that the member shall agree to receive such notice or document by way of such electronic communications and shall not have a right to elect to receive a physical copy of such notice or document.
For the purposes of this section, a member is deemed to have consented if -
the constitution of the company provides for the use of electronic communications;
the constitution of the company specifies the manner in which electronic communications is to be used;
the constitution of the company specifies that the member will be given an opportunity to elect within a specified period of time (the specified time), whether to receive such notice or document by way of electronic communications or as a physical copy; and
the member was given an opportunity to elect whether to receive such notice or document by way of such electronic communications or as a physical copy, and he failed to make an election within the specified time.
The Minister may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules under section 324A -
-
to exclude any notice or document or any class of notices or documents from the application of this section;
to provide for safeguards for the use of electronic communications under this section; and
without prejudice to the generality of paragraph (27), to provide that a member who is deemed to have consented to
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Companies receive notices or documents by way of electronic communications may make a fresh election to receive such notice or document as a physical copy and the manner in which the fresh election may be made.
Terms defined in this Act
accounts
Defined · s 2"accounts" means profit and loss accounts, or income and expenditure accounts, and balance sheets referred to in section 122 and includes notes (other than auditors' reports or directors' reports) attached or intended to be read with any of those profit and loss accounts, income and expenditure accounts or balance sheets;
balance sheet
Defined · s 120A"balance sheet", in relation to a company, means the balance sheet, -. by whatever name called, prepared in accordance with the Accounting Standards;
document
Defined · s 2"document" includes summons, notice, order, and other legal process, and registers;