Section 648C — Corporations Act 2001: Sending documents to holders of securities—general

(1) This section applies if a document is required or permitted to be sent to a holder of securities under this Chapter. Note 1: Division 2 of Part 1.2AA provides for technology neutral sending of documents. Note 2: Section 109X makes general provision for service of documents. (2) If the document is sent by sending the document in a physical form in accordance with paragraph 110D(1)(a), or by sending information in a physical form in accordance with paragraph 110D(1)(b), the document or information must be sent: (a) if the document or information is to be sent to the holder outside Australia—by pre-paid airmail post or by courier; or (b) if the document or information is to be sent to the holder in Australia—by pre-paid ordinary post or by courier. (3) For the purposes of this Chapter, the document is taken to have been sent to the holder: (a) if the document is sent in a physical form in accordance with paragraph 110D(1)(a): (i) when the document is posted; or (ii) if the document is sent by courier—when the document is given to the courier; or (b) if the document is sent by sending information in accordance with paragraph 110D(1)(b) (sending information in physical form that allows electronic access): (i) when the information is posted; or (ii) if the information is sent by courier—when the information is given to the courier; or (c) if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(c)—when the electronic communication is sent; or (d) if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(d) (sending information in electronic form allowing electronic access)—when the electronic communication is sent. (4) This section applies to a requirement or permission to send a document, whether the expression send, give, serve or dispatch, or any other expression, is used.