The Companies (Striking Off) (Electronic Communications) Order 2014 (Order) came into force on 11 July 2014.
The Order amends the way in which the Registrar of Companies must send notices to companies which are defunct or believed to be non-trading. Under the previous law, the Registrar was required to send notices by post in the form of a letter. The Order now permits these communications to be made by other methods including email and text message.
The Order also applies to Limited Liability Partnerships (LLPs) which makes similar changes to the way in which notices are sent to LLPs.
Before the Registrar communicates electronically, companies and LLPs will now have to elect that they wish to receive communication by electronic means. In the event that a company or LLP selects electronic communication as their preferred mode, the company or LLP will need to ensure that the contact information is kept up to date.
This change in the law demonstrates the gradual shift from legislators towards accepting alternative methods of communication. Although email is fast becoming the most popular form of communication, Companies will need to be aware of the associated risks including data protection and verifying authenticity.
Krishen Patel, Solicitor in the Corporate & Commercial Team at Thomson Snell & Passmore LLP.