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Classification: General
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whether prior to or after the adoption of these articles) that a document or information
may be sent or supplied in electronic form and has not revoked that agreement. Where a
document or information is sent or supplied by electronic means, it may only be sent or
supplied to an address specified for that purpose by the member (which includes any
address specified by a member prior to the adoption of these articles).
(3)
A document or information may be sent or supplied by the Company to a member by being
made available on a website if the member has agreed (generally or specifically), or
pursuant to paragraph (7) below is deemed to have agreed, that documents or information
can be sent or supplied to the member in that form and has not revoked such agreement.
(4)
A document or information sent or supplied by means of a website must be made available
in a form, and by a means, that the Company reasonably considers will enable the
recipient: (i) to read it, and (ii) to retain a copy of it. For this purpose, a document or
information can be read only if: (i) it can be read with the naked eye, or (ii) to the extent
that it consists of images (for example photographs) it can be seen with the naked eye.
(5)
If a document or information is sent or supplied by means of a website, the Company must
notify the intended recipient of: (i) the presence of the document or information on the
website, (ii) the address of the website, (iii) the place on the website where it may be
accessed, and (iv) how to access the document or information.
(6)
Any document or information made available on a website will be maintained on the
website for the period of 28 days beginning with the date on which notification is given
under paragraph (5) above, or such shorter period as may be decided by the board. A
failure to make a document or information available on a website throughout the period
mentioned in this paragraph (6) shall be disregarded if: (i) it is made available on the
website for part of that period, and (ii) the failure to make it available throughout that
period is wholly attributable to circumstances that it would not be reasonable for the
Company to prevent or avoid.
(7)
If a member has been asked individually by the Company to agree that the Company may
send or supply documents or information generally or specific documents or information to
the member by means of a website and the Company does not within a period of 28 days
beginning with the date on which the Company's request was sent (or such longer period
as the board may specify) receive a response indicating a refusal, such member will be
deemed to have agreed to receive such documents or information by means of a website
in accordance with paragraph (3) above (save in respect of any documents or information
as may be required to be sent in hard copy form pursuant to the Law). A member can
revoke any such deemed election in accordance with paragraph (8) below.
(8)
Any amendment or revocation of a notification given to the Company or agreement (or
deemed agreement) under this article shall only take effect if in writing, signed (or
authenticated by electronic means) by the member and on actual receipt by the Company
thereof.
(9)
Where these articles require or permit a document to be authenticated by a person by
electronic means, to be valid it must incorporate the electronic signature or personal
identification details of that person, in such form as the directors may approve, or be
accompanied by such other evidence as the directors may require to satisfy themselves
that the document is genuine.
(10)
In the case of joint holders of a share, any document or information sent or supplied by
the Company in any manner permitted by these articles to the joint holder who is named
first in the register in respect of the joint holding shall be deemed to be given to all other
holders of the share.
(11)
A member whose registered address is not within Kuwait, Jersey or the United Kingdom
shall not be entitled to receive any notice from the Company unless: