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(8)
The nomination ceases to have effect in any of the following situations relating to the
nominated person:
(a)
in the case of an individual, his death or bankruptcy;
(b)
in the case of a body corporate, its dissolution or the making of an order for, or the
passing of a resolution for its, winding up of the body otherwise than for the
purposes of reconstruction;
(c)
where there are more nominated persons than the member has shares in the
Company;
(d)
where the relevant member holds different classes of shares with different
information rights and where there are more nominated persons than he has
shares conferring a particular right; and
(e)
where the Company enquires of a nominated person whether he wishes to retain
his information rights and the Company does not receive a response from the
nominated person within the period of 28 days beginning with the date on which
the Company’s enquiry was sent.
(9)
Where the Company sends a copy of a notice of a meeting to a person nominated in
accordance with this article, the copy of the notice must be accompanied by a statement
that:
(a)
he may have a right under an agreement between him and the member by whom
he was nominated to be appointed, or to have someone else appointed, as a proxy
for the meeting, and
(b)
if he has no such right or does not wish to exercise it, he may have a right under
such an agreement to give instructions to the member as to the exercise of voting
rights,
and the copy of the notice of the meeting shall not contain a statement of the member’s
rights to appoint a proxy.
(10)
The rights conferred on the nominated person under this article are in addition to the
rights of the member himself.
(11)
Any provision of the Statutes 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.
(12)
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.
(13)
For the purposes of this article,
information rights
means:
(a)
the right to receive a copy of all communications that the Company sends to its
members generally or to any class of its members that includes the member
making the nomination;
(b)
the right to receive one copy of the Company's last annual accounts, the last
directors' remuneration report, the last directors' report and the auditor's report on
those accounts (including the report on the directors' remuneration report and on
the directors' report); and
(c)
the right to receive one copy of any document or information, in hard copy form,
which has been provided to the members, by the Company, by means of electronic
communication.
