Companies Act 1993

Ascertaining shareholders

125 Shareholders entitled to receive distributions, attend meetings, and exercise rights

(1)

The shareholders who are—

(a)

entitled to receive distributions; or

(b)

entitled to exercise pre-emptive rights to acquire shares in accordance with section 45; or

(c)

entitled to exercise any other right or receive any other benefit under this Act or the constitution or pursuant to the terms of issue of shares—

are,—

(d)

if the board fixes a date for the purpose, those shareholders whose names are registered in the share register on that date:

(e)

if the board does not fix a date for the purpose, those shareholders whose names are registered in the share register on the day on which the board or the shareholders, as the case may be, pass the resolution concerned.

(2)

A date must not be fixed under subsection (1) that precedes by more than 20 working days the date on which the proposed action will be taken.

(3)

The shareholders who are entitled to receive notice of a meeting of shareholders are,—

(a)

if the board fixes a date for the purpose, those shareholders whose names are registered in the share register on that date:

(b)

if the board does not fix a date for the purpose, those shareholders whose names are registered in the share register at the close of business on the day immediately preceding the day on which the notice is given.

(4)

A date must not be fixed under subsection (3) that precedes by more than 30 working days or less than 10 working days the date on which the meeting is to be held.

Section 125(1)(c): replaced, on 30 June 1997, by section 9(1) of the Companies Act 1993 Amendment Act 1997 (1997 No 27).

Section 125(1)(e): replaced, on 30 June 1997, by section 9(2) of the Companies Act 1993 Amendment Act 1997 (1997 No 27).