COVID-19 Response (Further Management Measures) Legislation Bill

  • enacted
20 Electronic means permitted for doing certain things to make modification

(1)

This section applies if,—

(a)

because of a restriction or requirement in an entity’s constitution or rules, 1 or more matters in subsection (2) may not be done by electronic means, or a majority of an entity’s governing officers, in good faith, believe that there is uncertainty as to whether the matter may be done by electronic means; and

(b)

the majority of the entity’s governing officers believe, in good faith, that it is not reasonably practicable to do the matter by non-electronic means.

(2)

The matters relate to a modification under section 14 and are—

(a)

making and signing the written notice of modification:

(b)

recording the beliefs under section 14(2)(c) and (e):

(c)

compliance with any condition in section 19.

(3)

If this section applies,—

(a)

the matter may be done, wholly or partly, by electronic means; and

(b)

if done by electronic means, the matter has legal effect to the same extent as if it had been done by non-electronic means in accordance with the constitution or rules.

(4)

However, subsection (3) is subject to the conditions in section 13(1)(a) and (b)(i) (which apply with any necessary modifications) being complied with.

(5)

In order to do the matter by electronic means, it is not necessary to comply with a paper-based format requirement within the meaning of section 225 of the Contract and Commercial Law Act 2017.

(6)

This section does not affect any legal requirement to the extent that the requirement relates to the content of information.