ActAct LX of 2021 introduces the requirement for companies to indicate their electronic mail address in the memorandum, in terms of article 69(1)(d) of the Companies Act.
The primary aim is to increase efficiency and reducing reliance on paper format communication to companies. An email notification is more effective and can reach company officers in a more timely manner.
MBR is requesting all companies to provide at least one adequate electronic mail address that would be accessible to all the company officers by 30 Sept 2022. It is advisable that this is done by filing an updated Memorandum and Articles or alternatively by means of a letter.
Please note:
- Companies which do not comply will not be penalised in any way but will be notified when they next present any other document. This could well create some delays;
- One letter may be sent when the director or secretary is common in all companies;
- Companies are encouraged to provide up to 3 email addresses;
- It is at a company’s discretion which email address the company wants to use as long as the electronic mail address provided is valid and accessed by the company’s officers on a regular basis;
- Such an address will be used for all official electronic correspondence and notifications to be sent by the Registrar to the company, alongside the physical registered office address.
- Companies in dissolution do not need to comply;
- Companies that fall under the Merchant Shipping Act are not bound legally to send this letter until now, however, the respective companies may give us their email addresses voluntarily which will help us to increase efficiency through timely communication and by reducing the reliance on paper format communication to a company’s registered office. In this case shipping companies registered under the Merchant Shipping Act cannot make reference to the legal provisions in the letter.
Contact us if you would like to have any further information.
The summary notice of this request can be seen by following this link.