Singapore legislation
Clause 92
Clause 92
Electronic transmission of notices of meetings
(1)
Where any notice of a meeting is required or permitted to be given, sent or served under this Act or under the trust deed of a registered business trust by the trustee-manager of the registered business trust or the directors of the trustee-manager to —
a unitholder of the registered business trust;
an officer of the trustee-manager; or
the auditor of the registered business trust,that notice may be given, sent or served using electronic communications to the current address of that person.
(2)
For the purposes of this section, a notice in writing of a meeting shall also be treated as given or sent to, or served on, a person where —
the trustee-manager of a registered business trust and that person have agreed in writing that notices of meetings required to be given to that person may instead be accessed by him on a website;
the meeting is a meeting to which that agreement applies;
the notice is published on the website such that it is or can be made legible;
that person is notified, in a manner for the time being agreed between him and the trustee-manager for the purpose, of —
the publication of the notice on a website;
the address of that website; and
the place on that website where the notice may be accessed, and how it may be accessed; and
the notice continues to be published on and remains accessible to that person from that website throughout the period beginning with the giving of that notification and ending with the conclusion of the meeting.
(3)
For the purposes of this Act, a notice of a meeting treated in accordance with subsection (2) as given or sent to, or served on, any person shall be treated as so given, sent or served at the time of the notification referred to in subsection (2)(d).
(4)
A notice of a meeting given for the purposes of subsection (2)(d) shall specify such matters or information as may be required for a notice of that type under any other provision of this Act or the trust deed of that registered business trust.
(5)
Nothing in subsection (2) shall invalidate the proceedings of a meeting where —
any notice of a meeting that is required to be published and remain accessible as mentioned in paragraph (e) of that subsection is published and remains accessible for a part, but not all, of the period mentioned in that paragraph; and
the failure to publish and make accessible that notice throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the trustee-manager of the registered business trust to prevent or avoid.
(6)
The trustee-manager of a registered business trust may, notwithstanding any provision to the contrary in the trust deed of the registered business trust, take advantage of subsection (1), (2), (3), (4) or (5).
(7)
For the purpose of this section and section 93, the current address of a person or a company, in relation to any notice or document, is a number or address used for electronic communication which —
has been notified by the person in writing to the trustee-manager of a registered business trust as one at which that notice or document may be sent to him; and
the trustee-manager has no reason to believe that that notice or document sent to the person at that address will not reach him.