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Electronic means meaning

What does Electronic means mean?
In practice, electronic means describes sending or supplying documents or information using technology such as email, web portals or other digital messaging systems, rather than paper delivery. In UK company law, the term is defined for company–shareholder communications in the Companies Act 2006, s.1168(4): a document or information is sent or supplied by electronic means if it is sent initially and received at its destination by means of electronic equipment for the processing (this expression includes digital compression) or storage of data, and is entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means. Key features and usage include shareholder notices, resolutions, accounts and circulars sent by email or made available on a website (subject to consent and notification requirements), and the evidential need to prove transmission and receipt. It is distinct from hard copy or delivery by hand. Across England & Wales, Scotland and Northern Ireland, this statutory definition applies to UK companies. In Ireland, analogous concepts appear in the Companies Act 2014 and the Electronic Commerce Act 2000 for company communications and electronic transmission, though wording and consent mechanics should be checked in the governing statute or company constitution.
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View the related Checklists about Electronic means

CHECKLISTS
Undefended paper-based divorce under MCA 1973 and FPR 2010: pre-DDSA 2020 procedure for petitions issued on or before 5 April 2022 (England and Wales)

Procedural Guide This Procedural Guide explains the actions required for cases lodged with the court on or before 5 April 2022 for an uncontested divorce (a request for a matrimonial order) under the Matrimonial Causes Act 1973 (MCA 1973), where the divorce is progressing by non-electronic means, namely a paper-based process (on paper). It provides guidance on who may seek a divorce, irretrievable breakdown, the lodging and service of the divorce petition (Form D8), and the filing of an acknowledgement of service. It further sets out the evidence that must be supplied to establish the fact relied upon, the steps for seeking decree nisi and submitting the supporting statement, decree absolute, and the rules in relation to costs in divorce proceedings... The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Matters issued by the court on or after 6 April 2022 are governed by DDSA 2020 and the procedural changes introduced by the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955....

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View the related Flowcharts about Electronic means

FLOWCHARTS
Where to make CPR 23 applications—flowchart and online pilot scheme routes (England and Wales)

This decision tree sets out a logical route for deciding whether you may undertake email marketing and, if so, who you can contact. It is just as applicable to text and SMS activity. Separate trees cover postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Of all marketing channels, electronic marketing is the most demanding from a regulatory perspective. You must comply with the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 applies different rules to different electronic marketing methods, depending on your audience and the goods/services being promoted. You must also meet the relevant UK GDPR obligations. For more guidance, see the following Practice Notes: Direct marketing compliance—Electronic mail How to handle personal data for direct marketing Direct marketing—UK GDPR and PECR 2003 interplay What is electronic mail direct marketing? Direct marketing is the communication, by any means, of...

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FLOWCHARTS
Archived Flowchart: Final Payment Process under JCT Standard Building Contract 2011 (With Quantities, Without Quantities and With Approximate Quantities)

This decision tree sets out a logical route to assess whether you may carry out postal direct marketing and, if so, who you can target. For other types of marketing, refer to: Direct marketing decision tree—email and other electronic mail marketing—data protection and Direct marketing decision tree—live telephone calls—data protection. Direct marketing is the communication—by any means—of advertising or marketing material directed at specific individuals. Note 1—personal data and corporate targets Postal marketing addressed to named individuals taken from your customer database involves processing personal data. The scope of personal data is broad enough to capture business-to-business marketing, particularly post sent to named individuals in their professional role: ‘Personal data’ covers any information relating to an identified or identifiable natural person...

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FLOWCHARTS
FSMA 2000 (RAO) Article 10: flowchart for when effecting or carrying out contracts of insurance as principal requires PRA/FCA authorisation

This decision tree outlines a logical route for deciding whether you can carry out live telephone marketing and, if permitted, who you may contact. For guidance on other forms of marketing, see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—email and other electronic mail marketing—data protection. Direct marketing refers to the communication (by any means) of advertising or promotional material directed at specific individuals. Live or automated telephone calls? This decision tree is not intended for automated calls, as the rules governing automated calls are far more stringent than those for live calls. You must not make automated marketing calls to an individual unless they have given explicit consent to receive that precise type of call from you. General marketing consent, or consent applicable only to live calls, is insufficient—it must expressly include automated calls. Consequently, there is little value in a decision tree for automated marketing calls—this tree covers live marketing calls only. See Practice Note: Direct marketing compliance—Automated calls. Claims management services ...

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View the related News about Electronic means

NEWS
Court of Justice confirms downloaded software on a perpetual licence is a sale of goods, engaging the UK Commercial Agents Regulations

The Software Incubator Ltd v Computer Associates UK Ltd Case C‑410/19 What are the practical implications of this case? The Court of Justice has issued the most recent ruling in a protracted dispute first considered by the High Court in 2016, arising out of an agreement that was terminated in 2013. The case will now return to the Supreme Court which, pursuant to Articles 86 and 89 of the UK/EU Withdrawal Agreement, is obliged to give effect to that judgment. Although the Supreme Court’s final position is still awaited, the decision is expected to carry major consequences for software resellers who, acting as commercial agents, may rely on the protections and remedies provided by the Commercial Agents Regulations, SI 1993/3053, irrespective of the format or medium through which software is supplied to customers. It is likewise important for principals that deploy resellers as a route to market for software made available chiefly by electronic means. Such organisations should take practical steps to measure and quantify any potential exposure to...

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NEWS
Dispute resolution weekly: CPR e-service consultation; costs (QOCS, fixed costs), class action funding; cross-border service; disclosure; appellate guidance—10 July 2025

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Evidence and disclosure Civil appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Consultation CPRC launches consultation on electronic service modernisation for CPR 6 and CPR PD 6A: The Civil Procedure Rule Committee (CPRC) has opened a consultation on revisions to the Civil Procedure Rules (CPR) aimed at updating how documents are served. The exercise suggests two principal amendments to CPR 6 and CPR PD 6A: first, where a legal representative has confirmed authority to take service for a client, they would be obliged to accept service by electronic means without further permission; and second, fax would be withdrawn as a form of electronic service, given email’s predominance. The consultation closes on 12 September 2025. For more information, see: LNB News 04/07/2025 54—CPRC launches consultation on electronic service modernisation for...

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NEWS
Weekly property disputes: UK Supreme Court - RTM notice voidable, statutory demands interest set aside, forgery conspiracy, Electronic Communications Code rent and breaks, RICS BSA update - 22 August 2024

In this issue: Enfranchisement and right to manage Enforcing security and property insolvency Contractual issues Electronic communications Repairing obligations and dilapidations LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary Trackers Latest Q&As Enfranchisement and right to manage Failure to serve claim notice did not invalidate transfer of right to manage The Supreme Court has unanimously rejected the appeal in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27, concluding that Tudor Studios RTM Company Ltd’s omission to serve a claim notice on A1 Properties (Sunderland) Ltd did not undermine the transfer of the right to manage. The issue concerned the consequence of not complying with section 79(6)(a) of the Commonhold and Leasehold Reform Act 2022 (CLRA 2002). Court of Appeal authority confirms that a missing claim notice does not invariably defeat an RTM company’s acquisition of management rights...

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View the related Practice Notes about Electronic means

PRACTICE NOTES
UK B2C telephone (live/automated) and postal direct marketing: compliance under PECR, UK GDPR and DMCCA 2024, with TPS/MPS screening and self-regulatory codes

This Practice Note serves as a practical ‘how to’ for delivering a compliant B2C telephone and print direct marketing campaign, and points you to relevant materials. It distils the key principles and legal rules governing direct marketing, and explains how they affect print and telephone activity. It also offers hands-on advice on the steps and issues to weigh up before dispatching marketing mailings or placing marketing calls to consumers. Given the variety of routes available for a direct marketing initiative, different legal considerations may arise depending on the campaign’s design, the copy used, the exact media chosen and the jurisdictions in scope. This Practice Note does not cover digital forms of direct marketing, such as social media advertising, mobile and virtual advertising. For a ‘how to’ on running a compliant direct marketing campaign in a digital setting, see Practice Note: How to run a compliant direct marketing campaign—digital. What is direct marketing? ‘Direct marketing’ means the communication, by any method, of advertising or marketing material directed at...

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PRACTICE NOTES
Virtual execution of deeds, contracts and guarantees in England and Wales: practical options, Mercury implications, witnessing, and HM Land Registry requirements

This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q&A on using electronic signatures and completing virtual executions, including ‘Our position on the use of virtual execution and e‑signature during the coronavirus (COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q&As relevant to that stage. For more information, see: Execution collection. Mercury Tax Case This guidance aligns with the Law Society’s position issued on 16 February 2010 in response...

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PRACTICE NOTES
Remote execution of contracts and deeds: virtual signings (including Mercury), electronic signatures, witnessing, counterparts, dating, seals and share certificates—practical Q&A

Remote execution—Q&As This Practice Note sets out Q&As addressing practical points arising with remote execution, with emphasis in particular on the following scenarios: Virtual execution Electronic signatures Share certificates Virtual execution If I cannot meet the people I am contracting with to sign a contract, how can I complete the contract securely and by virtual means? My company needs to enter into a document as a deed but everyone is working from home. Is it in fact possible to execute a deed virtually? Are mixed signings permitted? For example, where one party to a deed signs a counterpart in wet ink and another signs a counterpart using an electronic signature; where one counterpart is signed in wet ink and the other counterpart is executed by virtual means (a Mercury signature); or where one counterpart bears a Mercury signature and the other counterpart has been signed with an electronic signature. Is there a requirement under law...

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View the related Precedents about Electronic means

PRECEDENTS
Precedent certified copy board resolution appointing corporate representative(s) for AGM of a listed plc, with share allocations and hybrid/virtual attendance

[ insert company name ] [ LIMITED OR PLC ] (the Company) At a meeting of the Company’s board on [ insert date ], it was resolved that [ [ insert name of single corporate representative ] OR the persons named below ] are appointed as the Company’s corporate representative[ s ] [ for the shares shown next to each name ] to act for the Company [ in person or by remote electronic means ] at the annual general meeting of [ insert company name ] PLC on [ insert date ] at [ insert time ] at [ insert address ] [ , and also via the electronic facilities available through [ insert URL of virtual meeting platform ] (the Virtual Meeting Platform ) ] [ : OR . ] Name Shares [ insert name of multiple corporate representative ] — [ insert number and class of shares for which the representative is appointed ] I certify this is a...

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PRECEDENTS
AGM proxy form template (long form) for private companies and unlisted PLCs with voting instructions, multiple proxy appointments and electronic/remote attendance options

[ insert company name ] [ LIMITED OR PLC ] (the Company) Form of proxy—annual general meeting Please read the explanatory notes before filling in this form. I/We, Name of shareholder(s) (for joint holdings, list all joint holders) ...................................................................... ......................................................................, being a member/members of the Company, hereby appoint Name of proxy .................................................................................................................................................. (use block capitals) Tick this box if this proxy appointment is one of multiple appointments. For appointing more than one proxy, please see explanatory note 3 below. Number of shares to which this proxy applies ................................................. Leave blank if appointing a single proxy for all your shares or, if no proxy is named above, the chair of the meeting, as my/our proxy to exercise any or all of my/our rights to attend and speak for me/us and on my/our behalf [ , whether in person or remotely via electronic means, ] at the annual general meeting of the Company (the AGM) to be held at [ insert time ] on [...

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PRECEDENTS
Pro-buyer employment and TUPE warranties for UK asset purchase agreement

1 Definitions and interpretation 1.1 [ Include the following additional definitions in the definitions clause of the Asset purchase agreement (if required) ] Accounts Date • [ specify day and month ] 20[ specify year ]; Business • the undertaking of [ provide a description of the business being acquired ] carried on by the Seller, together with all other activities, including those ancillary, incidental to, or connected with that undertaking, as conducted by the Seller; Buyer • [ provide details ]; Completion • the finalisation of the sale and purchase of the Business through the Parties performing their respective obligations in accordance with clause [ x ]; Completion Date • [ the day on which Completion occurs OR a date no later than the [ third ] Business Day after the date on which the last of the Conditions is satisfied or waived, or the date to which Completion is deferred ] pursuant to clause [ x ]; Data Protection...

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