KEplc articles of association - page 63

58
129.
Record date for communications
(1)
For the purposes of giving notices of meetings, or of sending or supplying other documents
or other information, whether under the Statutes, any other applicable law or regulation, a
provision in these articles or any other instrument, the Company may determine that
persons entitled to receive such notices, documents or other information are those persons
entered on the register at the close of business on a day determined by it.
(2)
The day determined by the Company under paragraph (1) above may not be more than 21
days before the day that the notice of the meeting, document or other information is
given.
130.
Communication to person entitled by transmission
Where a person is entitled by transmission to a share, any notice or other communication
shall be given to him, as if he were the holder of that share and his address noted in the
register were his registered address. In any other case, any notice or other
communication given to any member pursuant to these articles shall, notwithstanding that
the member is then dead or bankrupt or that any other event giving rise to the
transmission of the share by operation of law has occurred and whether or not the
Company has notice of the death, bankruptcy or other event, be deemed to have been
properly given in respect of any share registered in the name of that member as sole or
joint holder.
UNTRACED MEMBERS
131.
Sale of shares of untraced members
(1)
The Company may sell, in such manner as the board may decide and at the best price it
considers to be reasonably obtainable at that time, any share of a member, or any share
to which a person is entitled by transmission if:
(a)
during a period of 12 years at least three cash dividends or other distributions
have become payable in respect of the share to be sold and have been sent by the
Company in accordance with these articles;
(b)
during that period of 12 years no cash dividend or distribution payable in respect of
the share has been claimed, no cheque, warrant, order or other payment for a
dividend or distribution has been cashed, no dividend or distribution sent by means
of a funds transfer system has been paid and no communication has been received
by the Company from the member or the person entitled by transmission to the
share;
(c)
on or after the expiry of that period of 12 years the Company has published
advertisements both in a national newspaper and in a newspaper circulating in the
area in which the last known address of the member or person entitled by
transmission to the share or the address at which notices may be given in
accordance with these articles is located, in each case giving notice of its intention
to sell the share; and
(d)
during the period of three months following the publication of those
advertisements and after that period until the exercise of the power to sell the
share, the Company has not received any communication from the member or the
person entitled by transmission to the share.
(2)
The Company's power of sale shall extend to any further share which, on or before the
date of publication of the first of any advertisement pursuant to subparagraph (1)(c)
above, is issued in right of a share to which paragraph (1) applies (or in right of any share
to which this paragraph applies) if the conditions set out in subparagraphs (1)(b) to (d)
are satisfied in relation to the further share (but as if the references to a period of 12 years
1...,53,54,55,56,57,58,59,60,61,62 64,65,66
Powered by FlippingBook