819. Publication of documents on merging company website (merger)
Section 818(1)(a) does not apply to a document if the conditions in subsections (1) to (3) are met in relation to that document.
This is subject to subsection (5).
(1) The first condition is that the document is made available on a website which–
(a) is maintained by or on behalf of the merging company, and
(b) identifies the merging company.
(2) The second condition is that access to the document on the website is not conditional on payment of a fee or otherwise restricted.
(3) The third condition is that the document remains available on the website throughout the period beginning one month before, and ending on, the date of any meeting of the merging company summoned for the purpose of approving the scheme.
(4) A person is able to obtain a copy of a document as required by section 818(1)(b) if–
(a) the conditions in subsections (1) and (2) are met in relation to that document, and
(b) the person is able, throughout the period specified in subsection (3)–
(i) to retain a copy of the document as made available on the website, and
(ii) to produce a hard copy of it.
(5) Where members of a merging company are able to obtain copies of a document only as mentioned in subsection (4), section 818(1)(a) applies to that document even if the conditions in subsections (1) to (3) are met.